KATHMANDU: The government has drawn criticism for not only appointing Chief Secretary Baikuntha Aryal, who is under suspension over graft and irregularities but also for giving him a special seat in the National Planning Commission. Former chief commissioner at the Commission for the Investigation of Abuse of Authority (CIAA), senior advocate Surya Nath Upadhyay, is among those who view the new position of Aryal with disapproval and extreme suspicion on the part of the coalition government of the CPN-UML and Maoist Center. Upadhyay also accused Prime Minister Pushpa Kamal Dahal of pocketing CIAA Act violation by appointing Aryal to the new position created especially for him and providing state protection to those involved in corruption.
The Prevention of Corruption Act 2059 (2002 AD) states that any detained public servant must be suspended during their detention period. It further mandates that high-ranking officials found guilty of corruption face imprisonment and additional penalties. Upadhyay emphasized that the CIAA should immediately investigate PM Dahal for creating the special post for Aryal, as this act goes against the law and potentially shields a person accused of significant corruption.
Aryal, who was suspended on June 23 following a CIAA-filed corruption case, was then appointed to a newly created position at the NPC the very next day by a meeting led by PM Dahal. The CIAA has filed a case against a company and 11 individuals, including Aryal, demanding Rs 386.7 million in compensation. This case is particularly notable as it is the first against a sitting chief secretary of the government, raising questions about the government's actions and intentions.
Ganesh Raj Joshi, a former Acting Chief Commissioner of the CIAA, noted that the government's creation of a new post for Aryal despite his suspension violates legal provisions. He pointed out that according to existing laws, suspended officials cannot perform their duties and only receive half their salary until the case is resolved. If acquitted, they are entitled to full back pay and benefits. However, the government’s decision to promote Aryal to chief secretary just days before his retirement has been questioned, with critics highlighting the ethical and financial implications of such an appointment.
During a House of Representatives (HoR) session, lawmakers questioned the rationale behind Aryal’s promotion and the creation of a new post for him. They argued that it imposed unnecessary financial burdens on the state. Meanwhile, the CIAA has filed numerous cases against other public officials, with 1,468 corruption and irregularity cases reported in the Special Court since mid-July. These cases have resulted in the suspension of 494 civil servants and 93 people's representatives, indicating a broader issue of corruption and governance within the country.
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