KATHMANDU, Aug 23: The Supreme Court (SC) on Thursday stayed the government decision to transfer Secretary Bindra Hada to the Prime Minister´s Office (PMO).
A single bench of Justice Bharat Bahadur Karki also issued a show cause notice to the government.
The apex court ruled that Hada should be allowed to work in the Ministry of Irrigation until the court issues its final verdict.
Talking to media persons after the SC´s order, Hada said the government cannot depute her to the PMO from the Financial Comptroller General Office. "I am deputed to the PMO at the whims of the irrigation minister and the chief secretary," she added.
Hada said she would abide by the SC order and resume her work at the irrigation ministry from Friday.
Challenging the government´s transfer decision, Hada on Tuesday had filed a writ petition accusing the government of violating the existing Civil Servant Act by transferring her on deputation.
"The transfer is against the Civil Service Regulation 38 (2) (a)," reads the writ petition. The regulation says civil servants should be given prior information before being transferred to another office.
The petition further argues that the transfer decision is illegal as a civil servant, who has already served at a ministry or department or regional office, cannot be transferred against his/her will to a lower office.
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