General Secretary of the Federal Parliament Secretariat (FPS) Bharat Raj Gautam has been dragged into the controversy after he sent a letter that gave clean sheet to the suspended Chief Justice Cholendra Shumsher Rana.
General Secretary Gautam on Wednesday dispatched a letter acquitting CJ Rana, who had been suspended since February 13 after lawmakers of the ruling alliance filed a motion of impeachment against him.
CJ Rana could not resume work at the Supreme Court even after receiving letter from the Federal Parliament Secretariat.
The General Secretary who dispatched the letter, allowing the Chief Justice to resume work, is now himself in hot water.
The Supreme Court sought legal grounds for the acquittal from the Parliament Secretariat on Wednesday itself. A writ has also been registered against General Secretary Gautam in the Supreme Court.
Also, voices are being raised that General Secretary Gautam should be removed from his post after yesterday.
What is the legal provision to do so?
The Act (2075 BS) related to remuneration, service and facilities of the General Secretary of the Federal Parliament, Secretary of the House of Representatives (HoR) and the Secretary of the National Assembly (NA) contains the provisions for the post of general secretary remaining vacant.
Section 6 (a) of the Act says the post will become vacant if the general secretary resigns before the President.
Similarly, the position will be vacant in case of conviction by the court for corruption, coercion, human trafficking, distribution or trafficking of narcotic drugs, money laundering, and misuse of passports, kidnapping or other criminal offenses of moral turpitude.
The existing law also says the post can be vacant if the general secretary is blacklisted or is mentally unstable.
Similarly, the tenure of the general secretary and secretary would be five years and they can be reappointed. If the general secretary and secretary reach the age of 58 before the completion of their term, they would not continue in their positions.
Similarly, the post would be vacant if a permanent residence permit of a foreign country is obtained. In addition, HoR Speaker and NA Chairman can also remove the general secretary.
Also, in the case of general secretary, the President may remove him/her from office on the recommendation of the HoR Speaker or NA Chair on grounds of bad conduct or non-compliance with official duties.
In the case of the secretary, s/he may be removed on the recommendation of the HoR Speaker or NA Chair. However, s/he is to be given a chance for clarification before removal.
Outgoing HoR Speaker Sapkota stood against Gautam's appointment
Federal Parliament Secretariat General Secretary Gautam was appointed to the post in April/May 2020 on the recommendation of the then Speaker Agni Prasad Sapkota and NA Chair Ganesh Prasad Timilsina.
Following the retirement of Manohar Prasad Bhattarai on March 15, 2020, Gopalnath Yogi had been appointed acting general secretary.
Then, Speaker Sapkota had been in favor of Yogi and want him to be the general secretary instead of Gautam. However at the same time, NA Chair Timalsina expressed displeasure over Yogi being entrusted with the role of general secretary of the Federal Parliament Secretariat.
There is a rule that the general secretary of the Federal Parliament must be 45 years of age to get appointment for the post. Yogi still had 10 months left to become 45 years old then.
The erstwhile government led by the Nepal Communist Party, which had been formed through merger of CPN (UML) and the CPN (Maoist Center), was divided over the appointment of the general secretary. While the Maoist Center favored Yogi, the UML preferred Gautam.
After a month-long tug-of-war between the two factions within the Nepal Communist Party, Gautam finally was appointed general secretary of the Parliament Secretariat.
One of those who recommended Gautam to the post of general secretary, Speaker Sapkota has already left the HoR, having completed five-year tenure.
In this context, as NA Chair Timilsina is still in office, it is difficult to remove Gautam from the post. General Secretary Gautam cannot be removed without Timalsina's recommendation.
And, Gautam looks set to remain in office until February/March 2025 until he reaches 58 years age limit.
To remove General Secretary Gautam before 2025, HoR Speaker and NA Chair should jointly recommended the President for the same.
Though a Speaker belongs from the ruling coalition, removal of the incumbent general secretary of the Federal Parliament is not possible as long as NA Chair Timalsina remains in office. The NA chair is to remain in office for another year and a half.
