Kathmandu, February 5

The Supreme Court today refused to issue an interim order against the Commission for the Investigation of Abuse of Authority as sought by retired CIAA commissioner Keshav Prasad Baral.

The court observed that since Baral was not continuing his service at the CIAA, there was no need to issue an interim order against the CIAA.

The court, however, observed it was a constitutional issue as to what  the appointment date or the oath of office and secrecy  should be taken into account to determine the public servant’s tenure.

Baral, who retired on January 19, on account of completing six years from the date of his appointment as a CIAA commissioner, had filed a writ petition claiming that his six-year tenure should be counted from the date he took oath office and secrecy and not from the date he was appointed a commissioner at the CIAA.

Baral was appointed a commissioner at the CIAA on January 10, 2010.

His appointment had been on hold with all the posts of the commissioners, including that of chief commissioner, lying vacant. Baral took charge as a commissioner only after Lokman Singh Karki was appointed as the chief commissioner on May 8, 2013.

Commissioners of the anti-graft body take oath of office and secrecy from the chief commissioner.

Baral had filed a writ petition on November 30 claiming that his appointment should be deemed effective only from May 8, 2013. He had demanded extension of his tenure until May 2019.

The order was passed by Constitutional Bench of Chief Justice Kalyan Shrestha and justices Sushila Karki, Baidya Nath Upadhyay, Gopal Parajuli and Om Prakash Mishra.