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Supreme Court Revokes Interim Order on Nepal Police’s 30-Year Service Rule

News 31 Aug 2024 128 0

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Supreme Court Revokes Interim Order on Nepal Police’s 30-Year Service Rule

The Supreme Court has annulled the interim order that paused the enforcement of the 30-year service period for Nepal Police. This decision reinstates the existing regulation, which enforces a mandatory retirement after 30 years of service. The initial order was issued on Bhadra 6 by a single bench led by Judge Hari Phuyal but has now been overturned by a joint bench comprising Judges Binod Sharma and Sharanga Subedi.

Government's Petition for Revocation

The government's request to cancel the ex-parte interim order was submitted by then Home Secretary Ek Narayan Aryal, who is now the Chief Secretary. The Supreme Court, represented by spokesperson Achyut Kuinkel, confirmed that the order was revoked in response to this petition. "The court has acted according to the petitioner's request. The previous interim order is no longer valid," Kuinkel said.

Legal Proceedings and Hearing

On Bhadra 12, 2081, Aryal filed a petition seeking the revocation of the interim order. The case was reviewed by the joint bench on Thursday, during which a directive was issued to inform all opposing parties and schedule a hearing for Friday. The hearing was conducted as planned, and the government argued that the issue of the police service period was already being addressed in federal law. The petition highlighted that the provisions related to service period and tenure were included in a draft bill, and the government claimed that the Supreme Court's previous order had caused unnecessary confusion.

Judicial Review and Past Orders

On Bhadra 6, Judge Phuyal's bench issued the interim order in response to a writ petition filed by 21 police officers who were nearing retirement due to the service period rule. The court questioned the failure to implement a decade-old directive, which stated that the service period should not be included in the regulations made under delegated legislation. The court had previously expressed concerns on Mangsir 20, 2071, regarding the non-implementation of this directive and ordered that the petitioners' official duties should not be altered and that compliance should be ensured in the police records office.

Recommendations for Policy Change

A task force led by Joint Secretary Jhakka Prasad Acharya of the Ministry of Home Affairs also recommended abolishing the 30-year service period, which had been in place since Falgun 15, 2049. The report submitted to Home Minister Ramesh Lekhak on Shrawan 17, 2081, advised a phased removal of the 30-year limit. The Nepal Police Reform Suggestion Task Force's report from 2066 also advocated for the elimination of the service period.

Related Cases and Court Decisions

Following the Supreme Court's interim order in the Nepal Police service period dispute, a similar writ was filed regarding the Armed Police Regulations. However, Judge Sharanga Subedi's bench declined to issue an interim order in that case. Additionally, the court did not issue an interim order in a writ petition related to the service period dispute involving AIG Shyam Lal Gyawali and others. On Thursday, Judge Subedi’s single bench ordered a discussion with both parties regarding the matter.

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