The writ petition of Nepal Electricity Authority’s Executive Director, Hitendra Dev Shakya, has also been registered at the Supreme Court.
In the writ filed on Thursday afternoon, Shakya argued that Kulman Ghising’s tenure at the Nepal Electricity Authority had not yet ended.
Earlier, on July 25, 2021, the then-government transferred Executive Director Shakya to the Water and Energy Commission and appointed Kulman Ghising to the position.
Although Shakya had filed a writ against that decision in the Supreme Court, no verdict has been given on it for the past four years.
Shakya claims that since Ghising’s appointment was illegal while his own tenure was still ongoing, Ghising does not have any remaining tenure now.
“Shakya had more than three and a half years left in his tenure when Ghising was appointed as the Executive Director. Now, since Shakya has been reappointed, Ghising cannot claim that he was removed while his term was still ongoing,” said a lawyer involved in the case. “Since Ghising was appointed while Shakya’s tenure was still valid, his tenure cannot be considered to remain, and Shakya’s reappointment cannot be deemed harmful in this context.”
The lawyer further argued that if someone else had been appointed instead of Shakya, Ghising would have grounds to question his tenure, but since Shakya himself has been reinstated, that issue does not hold.
Shakya also demanded that, since he was not dismissed but merely transferred by the previous government—a decision he had rejected—he should be granted the benefits and facilities he was entitled to during that period.
Meanwhile, Kulman Ghising, who was removed from the post of Executive Director, also filed a case in the Supreme Court on Thursday. He argued that his removal was illegal as his tenure was still ongoing and requested that the decision not be implemented.
The hearing on both Ghising and Shakya’s writ petitions is expected to take place together on Friday.
