“Special post” for suspended Chief Secretary Aryal causes controversy

KATHMANDU, July 4: The illegal creation of a special position in the National Planning Commission (NPC) for Chief Secretary Baikuntha Aryal, who was suspended on corruption charges, has sparked controversy.

The coalition government, which includes CPN-UML, Maoist Centre and Janata Samajbadi Party (JSP), has appointed suspended chief secretary Aryal to the new post. Surya Nath Upadhyay, former chief commissioner of the Commission for Investigation of Abuse of Authority (CIAA), has accused Prime Minister Pushpa Kamal Dahal of being an accomplice by supporting persons involved in corruption cases. He said, “Prime Minister Dahal has become an accomplice by protecting a person involved in a corruption case by creating a special post for the suspended chief secretary.”

He said the government has violated the CIAA Act. He said, “The CIAA Act has not been implemented to prevent corruption and this will affect the state. A suspended person should not hold any other position. If the suspects are found not guilty, they can return to the same position after getting a clean bill of health.”

According to Section 33 of the Prevention of Corruption Act, 2059 (2002 AD), if a public servant is detained, he shall ipso facto be suspended for the duration of his detention. According to Section 24 of the same Act, where the offences under this Chapter have been committed by an officer of a constitutional body or body nominated or appointed by an officer of special class of the Government of Nepal or an officer of comparable rank; head, director general or officer of a public institution of comparable rank, such person shall be punishable with imprisonment for a term of three years in addition to the punishment provided for such offences.

Under Section 22, the accomplice who has given any cash, kind or other benefit to the public servant or any other person committing an offence or has accepted such benefit shall be liable to the same punishment as the person committing the offence.

Upadhyay said, “The CIAA should immediately take control and initiate an investigation against Prime Minister Dahal, who has arranged for the creation of a special position for and transfer of a person who has allegedly harmed the country by misappropriating funds. He must accordingly answer under Section 22 of the Prevention of Corruption Act, 2059.”

On June 23, Aryal was suspended after the CIAA filed a corruption case before the Special Court in Kathmandu. Subsequently, the meeting of the Office of the Prime Minister and the Council of Ministers chaired by Prime Minister Dahal on June 24 created a special post for Aryal, equivalent to that of Chief Secretary in the NPC.

The CIAA has filed a corruption case against a company and 11 individuals, including Aryal, chief secretary to the government, and Ritesh Kumar Shakya, deputy secretary to the finance ministry, demanding compensation of Rs 386.7 million.

The CIAA claims that this is the first case against the incumbent chief secretary of the government. Aryal is a former secretary of the Ministry of Communications and Information Technology (MoCIT) and former chairman of the Security Printing Development Committee (SPC). At the same time, a case was filed against him for corruption in the purchase of excise stickers.

He was suspended after a corruption case was filed against him. This is the legal procedure for suspending an official or a person from public office. However, it seems that the government has rewarded the suspended person by creating a special post instead.

A prosecution for corruption does not equate to a conviction for corruption. Under the provisions, persons holding public office remain suspended until a final decision on the case.

The government promoted Aryal to the position of chief secretary three days before the end of his three-year term. Had he not been promoted to chief secretary, he would have retired in June 2023.

Ganesh Raj Joshi, who also served as deputy chief commissioner of CIAA earlier, said that another post may be created as an additional person has to be appointed as chief secretary. He said, “The law provides for suspension. No matter what job he has, he will be suspended. He will not be allowed to work. We do not understand the government’s intention.”

A photo of the chief secretary and the incumbent member was posted on the NPC website. According to the commission, Aryal did not go to work. Under existing rules, a suspended official receives only half of his salary until the case against him is decided. If the accused is acquitted by the court, there is a provision that he will receive all remaining benefits and perks for the period of suspension.

During the House of Representatives session, MPs questioned why a person who was due to retire after three days was appointed as the Chief Secretary. MP Bina Lama also asked in Parliament, “What benefit would the state get from this? Is it not an ethical question if the Prime Minister increases the country’s financial responsibility even further by appointing him as the Chief Secretary just three days before his retirement?”

Recently, cases have also been filed against municipalities, rural municipalities, mayors and deputy mayors. Since mid-July, a total of 1,468 cases of corruption and irregularities have been brought before the special court. According to Devi Prasad Thapaliya, deputy spokesperson of the CIAA, 494 officials have been suspended after cases were filed against them. Similarly, 93 people’s representatives have been suspended.

Thapaliya said cases had been filed against 172 persons from various consumer committees, two chartered accountants, one middleman, 87 entrepreneurs and 619 individuals.