Acting secretaries to continue their office

The office of the Attorney General (OAG) has advised the government to give continuity to 13 acting secretaries even after their tenure was expired.

The OAG has advised the government, citing a Supreme Court precedent and principle of necessity that the latter could allow the acting secretaries to continue their office in the present capacity even after their six-month tenure expires.

The six-month long tenure of acting secretaries will expire on February 8.

The OAG further advised the government that they could even be promoted to secretaries.

Attorney General Yagya Murth Banjade told reporters that his office has recommended to the government that the acting secretaries be allowed to continue in the existing capacity under the principle of necessity.

The Kathmandu Post daily quoted source at the Ministry of General Administration as saying that the government has recently asked the OAG for legal advice on what should be done to the acting secretaries after the six months.

According to Civil Service Act 1993, such officials could not serve more than six months; they should be either promoted to the post of secretary or demoted to the post of officiating secretary.

Government source said that with the advice from the OAG, the door is now open to the government even to promote the acting secretaries to the post of secretary.

There is legal void in the civil service as the Civil Service Ordinance issued during the direct rule of King expired in August and the government is yet to form a new act. nepalnews.com pb Feb 05 07