Kathmandu. The Special Committee to Investigate the Errors in the Report of the Federal Civil Service Bill while finalizing the bill has held that the Chair of the House of Representatives, State Affairs and Good Governance Committee is responsible and the secretary has not fulfilled the defined responsibilities.
In its report submitted to the House of Representatives today, the committee has suggested that the political persons involved in the case have political and moral responsibilities and the official and legal responsibilities of the employees.
According to the committee’s report, the committee’s decision and draft report, which was unanimously approved with modifications on May 26, was signed by president RamHari Khatiwada and the revised draft report should be shown to the committee members and presented to the assembly after discussion.
The committee concluded that the chairman did not play a responsible and coordinating role regarding the serious lapses seen in the draft as a legal signatory when the draft report was submitted to the assembly with the signature of the chairman.
Committee secretary Suraj Kumar Dura, in his capacity as secretary, has played a role in the sub-committee and committee meetings from the beginning and writing the report, therefore, the secretary has also not fulfilled the defined responsibility. The committee concluded that the joint secretary, who was the representative of the Ministry of Federal Affairs and General Administration and the representative of the Ministry of Law, Justice and Parliamentary Affairs, had been involved since the beginning in the discussions to be held in the committee and sub-committee of the bill.
According to the report, it is the legal responsibility of the government bodies and office-bearers to implement and implement the decisions taken by the Assembly or committee regarding the legislative rights obtained through the mandate of the people, as provided by the Constitution and the rules of the respective assemblies to be exercised by the Assembly and parliamentary committees. “On the basis of this constitutional and legal provision, forming a group to remove the topic of ‘cooling of period’ in the bill passed by the Parliamentary Committee and the Assembly, it cannot be considered as the official conduct of the office-bearers with defined responsibilities.”
Although the report on the bill passed by the State Affairs Committee does not show the direct involvement of the Chief Secretary, the then Secretary of the Ministry of Law, Justice and Parliamentary Affairs, the Secretary of the Ministry of Federal Affairs and General Administration, the Secretary of the Office of the Prime Minister and Council of Ministers (Law), it is not appropriate to appear in opposition in public in this regard.
“If there seems to be a serious error in the legal ity between Sub-sections (4) and (5) of Section 82 of the Bill, the political person has a political and moral responsibility and the official and legal responsibility of the employee regarding what kind of action should be taken against the office-bearer or person involved in it,” reads the report.
Chairman of the inquiry committee, Jeevan Pariyar, clarified that clause-wise discussions were not held on the bill in a meticulous manner, the revised report was not seen by the committee members at the end and not discussed during the investigation.
The report has suggested that political persons should have political and moral responsibilities and employees have official and legal responsibilities in relation to this error. The committee has suggested to start the practice of looking at the original bill and the original report of the committee in an integrated manner to prevent such errors in the coming days.
In the clause-wise discussion on the bill, the committee has suggested that only the officials of certain levels of the concerned ministry should be given access to the committee, the minister presenting the bill should be made more accountable in this regard, and in order to balance confidentiality and transparency in sensitive discussions, the committee has suggested that other than the stakeholders and others should be allowed to enter the committee.
“The committee’s decisions should be formulated and implemented by preparing and implementing the guidelines to maintain uniformity and reduce human error, the president should develop a system of signing the decisions of the members by reading out the amendments made in the bill to all the members in the decision-making process and it is mandatory to hold a meeting of the committee before sending the final report of the committee to the assembly,” pariyar said.
The committee held interactions and discussions with the presidents, secretaries, members, experts, home minister, minister for education, science and technology, the then minister for federal affairs and general administration, chiefs and chief whips of various political parties, chiefs and representatives of all political parties in parliament and independent lawmakers.
Similarly, the committee also conducted live interviews with the chief secretary, high-ranking officials, general secretaries of parliament and secretaries of various ministries. The committee held 37 meetings for 29 days and finalized the report. The committee submitted its report to Speaker Devraj Ghimire today. The committee had prepared the report after a meeting at Singha Durbar on Monday night.
The House of Representatives had formed a high-level inquiry special committee on July 15. Jeevan Pariyar and Sushila Thing from Nepali Congress, Narayan Prasad Acharya and Ishwori Gharti from CPN-UML, Madhav Sapkota from CpN (Maoist Centre), Ganesh Parajuli from Rastriya Swatantra Party and Roshan Karki from Rastriya Prajatantra Party are in the committee.






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