Nepal’s Supreme Court registers lawsuit by dismissed police chief — Kathmandu Post

Nepal’s Supreme Court has registered a lawsuit filed by dismissed police chief Dan Bahadur Karki, who is challenging the government’s decision to remove him and appoint Manoj Kumar KC as the new inspector general of police. A hearing in the case has been scheduled for November 16, Kathmandu Post reports.

Karki is seeking to overturn the Cabinet’s November 4 decision that transferred him to the newly created post of special adviser to the prime minister on security affairs and appointed KC as inspector general of police. He also requests temporary permission to resume his duties and a ban on KC exercising the powers of inspector general until the court issues a final ruling.

Arguments of the plaintiff

In his lawsuit, Karki argues that the government did not cite a legal provision allowing it to remove a sitting inspector general or transfer him to a post outside the police structure. According to his position, neither the 1955 Police Act nor the 2014 Police Regulations provide for such a transfer.

The former police chief also said that the decision was made without notification of the reasons, a request for explanations, or an opportunity to respond to the allegations. According to him, he learned about his removal from the media and later received a letter from the secretary of the Ministry of Home Affairs.

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References to case law

Karki referred to a Supreme Court ruling in the case of former police chief Achyut Krishna Kharel, who was removed in 1997, 36 days after his appointment. At the time, the court found that the government decision lacked proper justification and that the post of police chief was not a political appointment that could be changed merely because of a change in government.

In addition, the plaintiff mentioned the case of Hitendra Dev Shakya, former executive director of the Nepal Electricity Authority. In that case, the court stated that appointing an official to another position does not automatically terminate their authority in the previous position without their consent.

At the first hearing, the court may either temporarily suspend the Cabinet’s decision or order the government to explain the grounds for it. KC has already assumed office after receiving the insignia.