Do not appoint PR holders in govt position: CIAA

The Commission for the Investigation of Abuse of Authority (CIAA) has requested the government to make appointments in public positions only after confirming whether or not the candidates have foreign citizenship or residence permit. 

CIAA has instructed the government to make arrangements to make the proposed candidate self-declare whether or not s/he is a foreign citizen or a PR holder when submitting a proposal for such appointments.

Apart from submitting a proposal to the Council of Ministers, CIAA has also written to the Office of the Council of Ministers through the Chief Secretary to make it mandatory for the person to be appointed to a public post to furnish a self-declaration on whether or not s/he holds foreign citizenship.

Since some public bodies have not implemented the relevant legal provisions while appointing officials, even those who have foreign citizenship and residence permit are likely to be appointed to public positions, the authority stated, requesting the government to prepare standards, procedures and guidelines, and implement them.

Through the Chief Secretary, CIAA has also requested for instructions to other public bodies to make arrangements in accordance with previously-prescribed legal provisions.

Article 291 of the Constitution of Nepal has a special provision regarding ineligibility for appointment. It states that, notwithstanding anything mentioned elsewhere in this Constitution, a citizen of Nepal who has obtained a foreign permanent residence permit shall not be qualified for election, nomination or appointment to an office to be elected, nominated or appointed pursuant to this Constitution.

It further states that nothing shall prevent electing, nominating or appointing a person who has renounced such foreign permanent residence permit to such office after the expiry of a period of at least three months. Other matters relating to the citizens of Nepal, who have obtained foreign permanent residence permits as mentioned in clause (1), shall be as provided for in the Federal law, it states.

Section 61 (2) of the Civil Service Act 2049 has a provision for dismissal of civil servants. A civil employee may be dismissed and may even be disqualified for government service in the future if s/she has obtained or is applying for a permanent residence permit of a foreign country.

According to these provisions mentioned in the constitution and the Civil Service Act, some agencies have made the proposed person fill a self-declaration form whether or not he/she is a foreign PR/citizen before the appointment. However, it is not mandatory in all agencies.