. KATHMANDU: The Supreme Court (SC) has ordered the government to reinstate former Executive Director of Nepal Electricity Authority (NEA) Hitendra Dev Shakya from his post. The SC also found that there was “arbitrariness” and prejudice in the involvement and decisive role of the then executive director Kulman Ghising while removing Shakya from his post.

The process laid down in the Service and Facilities Bylaw, 2078 BS of the Nepal Electricity Authority (NEA) has not been followed while relieving Shakya from his post. The Supreme Court has made it clear that performance evaluation, written grounds with reasons, neutral decision and due process have been left out.

The judgment said, “The decision to remove Shakya prejudiced, adequate without cause and personal} } {{TAG_OPEN_em_ 14}} of nature. Evidence showing the influence of Kulman Ghising in the decision and arbitrariness in the decision as alleged by the writ petitioner (Shakya) TAG_OPEN_em_TAG_CLOSE_em_7 TAG_OPEN_em_7 TAG_CLOSE_em_8 TAG_OPEN_em_8 TAG_CLOSE_em_9 TAG_OPEN_em_9 TAG_CLOSE_em_10 TAG_OPEN_em_10 TAG_CLOSE_em_11 TAG_OPEN_em_11 TAG_CLOSE_em_12 TAG_OPEN_em_12 is not found on record. 6}}Based can be determined. ”

The court has directed the government to reinstate Shakya, saying that the decision to remove the executive director should be based on justice, transparency and good reason.TAG_OPEN_p_23

At the same time, the court’s decision seems to have raised institutional questions about the decision-making process, interference and misuse of position at the highest level within the authority.