Submit your Article

Home Minister Ramesh Lekhak has stressed that the State Affairs and Good Governance Committee should be clear in principle on the issue of bringing the private sector under the jurisdiction of the Commission for Investigation of Abuse of Authority.

In today's meeting of the State Affairs and Good Governance Committee under the House of Representatives held at Singha Durbar, Home Minister Lekhak pointed out the need of holding more discussion in the committee to be clear on the issue whether or not to enter the private sector.

"At first principle must be set. If principle is set, the language will be written accordingly. Writing the language is not difficult", he mentioned.

Lawmakers have started discussion in the Committee over the provision of bringing the private sector under the jurisdiction of CIAA.

The Commission for the Investigation of Abuse of Authority (CIAA) has issued a 7-point advisory to improve policies for submission of property details. 

After submission of the 2022/23 National Vigilance Center’s ‘Asset Details Monitoring Report’ along with property details by public service officers and employees on Tuesday, the commission has issued the advisory.

The Office of the Prime Minister and Council of Ministers, the Office of the Chief Minister and Council of Ministers, and the Ministry of Federal Affairs and General Administration were given suggestions, as mentioned by the Spokesperson of CIAA Joint-secretary Narhari Ghimire. 

Officers and employees that fail to submit the 2022/23 property description by the assigned date would be required to enroll Rs 5,000 in a government-run bank as per the suggestion. Additionally, property descriptions are to be submitted to the specified body within 30 days and the details are to be entered in the software of the National Vigilance Center as well as the Commission along with bank vouchers. 

CIAA has suggested to make the information regarding whether or not officers and employees that failed to submit property details have paid the penalty amount of 5 thousand per year and whether or not they have submitted the details within 30 days to the specified body in the past economic years 2020/21 and 2021/22 available to the Commission. 

The commission has asked to be informed regarding whether or not each district union, provincial and local level officers and employees have presented property details in the years 2020/21, 2021/22, and 2022/23 and whether those to have not presented have paid the penalty amount of Rs 5,000 per year.

Additionally, all 77 Chief District Officers have been advised to submit reports of submissions of property details in specified bodies within 30 days.

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.

The Commission for the Investigation of Abuse of Authority (CIAA) on Tuesday lodged a corruption case at the Special Court against Bagmati Municipality, Sarlahi Mayor Bharat Kumar Thapa, Deputy Mayor Lila Kumari Moktan, then Chief Administrative Officer Bimal Kumar Pokharel and three others.

The graft case was also filed against chief of the municipality's Planning Section Sagar Poudel, Accounts Officer Bishwaraj Pokharel and former Chief of Sarlahi District Coordination Committee Methur Chaudhary, according to CIAA Spokesperson Narahari Ghimire. 

The CIAA filed the case against them for their alleged involvement in embezzling public property, preparing fake reports and documents. The CIAA has sought Rs 303 million in fine from five of the accused, while a jail sentence has been sought against Methur Chaudhary.

They were accused of embezzling public property while selling stones, pebbles, sand and other river bed materials, which was extracted while constructing the Bagmati Fish Pond.

The Commission for Investigation of Abuse of Authority (CIAA) on Thursday filed a graft case against 32 persons, including former Minister for Culture, Tourism and Civil Aviation Jeevan Bahadur Shahi, for their alleged involvement in carrying out irregularities while procuring a wide-body aircraft for the national flag carrier- Nepal Airlines Corporation (NAC).

The anti-corruption watchdog also filed a case against then General Manager of NAC Sugat Ratna Kansakar, the government secretary and Chairman of NAC Board of Directors Shankar Prasad Adhikari, then Director General of Customs Department and then NAC Board of Directors Shishir Kumar Dhungana, Civil Aviation Ministry's Joint Secretary Buddhi Sagar Lamichhane and others.

The CIAA has sought Rs 1.471 million in recovery for their alleged involvement in the misappropriation in the procurement of the wide-body aircraft.

Similarly, others implicated in the case are Board of Directors Teknath Acharya, Jiban Prakash Sitaula, Achyut Raj Pahadi, Nima Nuru Sherpa and Muktiram Pandey, according to the CIAA.

The Commission has also sued aircraft suppliers’ company's representatives, citizens from Germany, Romania and Moldova.

AAR International INC’s chief and four others have also been named as the alleged ones claiming Rs 1.471 billion in compensation, CIAA Spokesperson Narahari Ghimire said.

The Commission for the Investigation of Abuse of Authority has filed a corruption case against medical entrepreneur Bishal Pandit for carrying out irregularities while procuring health supplies of Koshi Provincial Hospital.

The anti-graft watchdog filed the case at the Special Court against Pandit today.

The Commission for the Investigation of Abuse of Authority (CIAA) on Thursday filed a graft case against 19 individuals including former Nepal Telecommunications Authority Chairman duo Purushottam Khanal and Digambar Jha for carrying out irregularities while procuring the Mobile Device Management System.

The anti-corruption watchdog filed the case against 19 people including Khanal, Jha, Director Ananda Raj Khanal, Deputy Director/Director Min Prasad Aryal, Assistant Director/Deputy Director Binod Chandra Shrestha and two companies.

According to CIAA spokesperson Narahari Ghimire, a case was filed at the Special Court against them for carrying out irregularities while purchasing the Mobile Device Management System.

The Commission has sought a fine of Rs around Rs 910 million from them.

Earlier, the then Chairman Khanal resigned from his post following controversies over the procurement of Mobile Device Management System.

A Foreign Employment Department official was caught red-handed with bribe money on Tuesday.

A team of the Commission for the Investigation of Abuse of Authority (CIAA) caught Pramod Niraula red-handed while he was receiving Rs 15, 000 bribe, a CIAA source said.

Further investigation into the incident is underway, said CIAA.

Zero tolerance for corruption and good governance have been the buzzwords in public administration in Nepal in recent years. However, the reality paints a different picture as corruption continues to proliferate at an alarming rate.

Although Nepal’s standing has marginally improved in Transparency International’s Corruption Perception Index, reaching a score of 35 this year, corruption remains a significant challenge for the country. Since Transparency International identifies a score below 50 as indicative of a high risk of corruption, there is a pressing need for Nepal to redouble its efforts in combating corruption and promoting good governance.

Prem Kumar Rai, the Chief Commissioner of the Commission for the Investigation of Abuse of Authority (CIAA), said that the desired success in controlling corruption cannot be achieved unless politicians, employees, and citizens across all three tiers of government, exhibit a sense of responsibility towards good governance.

According to the CIAA’s annual report, different forms of corruption are rampant in Nepal. Here are some of them:

Infrastructure development

Following the adoption of federalism, corruption has thrived in development and construction projects implemented by all levels of government. Instances of misusing state resources during budget allocation, grants distribution, and service delivery have surged. The CIAA has received a significant number of complaints over the past five years related to bribery, illicit gains, and acquisition of illegal assets.

Procurement

The trend of making unnecessary purchases by public offices is on the rise. Construction companies are colluding with government officials to stifle competition in public procurement and construction projects. Direct procurement without competitive bidding has become increasingly common, Such cases are particularly evident during times of disasters. Allocation of budgets without proper justification and planning, as well as procurement without adherence to standards, are growing challenges in combating corruption.

Intermediaries

Middlemen have infiltrated public offices and are obstructing service delivery of these offices. As a result, the general public is forced to pay a fee for services they are supposed to get free of cost.

Appointments

Corruption is rampant in employee appointments. Some public institutions have become like recruitment centers for cadres of ruling parties. Staffers are being promoted without considering merit and criteria. Such activities have also led to misuse of government resources such as vehicles and fuel.

Land

Land-related irregularities are widespread across the country. Government land and forest land being leased for commercial purposes at minimal rates to serve the interests of certain individuals and groups. Encroachment on public, Guthi, and forest lands are going unabated. Recent land scams related to Lalita Niwas, Bansbari Leather factory and Nepal Trust shows this has become a chronic issue.

Political appointments

The practice of appointing offenders to various positions in public offices perpetuates corruption. Instances of appointees with foreign residency permits and those listed as absconding criminals shows the government is taking good governance very lightly. Political affiliations often outweigh qualifications and experience in appointments in all three tiers of governments. 

Revenue leakage

Incidents of revenue leakage are on the rise. As many as 49 such cases were reported to the CIAA in 2022/23 alone. Unjustified exemptions in customs duty and taxes as well as activities such as revenue evasion through under-invoicing, are on the rise. Authorities responsible for curbing such activities have failed in their duties, according to CIAA.

Policy corruption

Policy corruption has emerged as a significant issue in recent years. Decisions that fall under the purview of ministries and departments are being routed through the cabinet to evade scrutiny by anti-corruption agencies. The CIAA has long been calling for all three tiers of government to maintain transparency in their decision making process.

The CIAA is formulating an institutional strategic plan to address the challenges identified during its fourth strategic plan review. It has provided 22 recommendations to public offices to enhance transparency, competition, and quality in public procurement, among others.

Chief Commissioner of the Commission for the Investigation of Abuse of Authority (CIAA) Prem Kumar Rai has called for support from all sides to combat corruption.

Addressing an event to mark the 33rd establishment day of the CIAA in Kathmandu on Sunday, Rai said CIAA has been playing an active role in checking corruption and promoting good governance in the nation.  

Noting that there is a widespread public complaint that the country’s good governance situation has not improved as expected, the CIAA chief stressed the need for all to work actively and responsibly for good governance.

“The fight against corruption is not that of CIAA alone; there is a need for collective efforts as it is a multi-dimensional topic. Every citizen should play an active role for the establishment of good governance,” reiterated the CIAA Chief Commissioner.

According to Rai, a significant number of complaints have been lodged at CIAA after implementation of federalism began. He said the plaints are related to misuse of public assets in development and construction works, budget appropriation, subsidy distribution, service delivery, among other works, to giving and taking of bribe and inducements, to carrying out works with the ill intention of taking illegal benefit and amassing illegal assets at all the three tiers of the government 

The CIAA chief stated that transparency is not seen in public procurement and construction, and called on responsible authorities and office-bearers to become more responsible for fulfilling their legal duties on protecting and preserving public property. He noted that the misuse of public land has increased and the tendency of selling government land for personal gains has also been observed.

Rai said the CIAA is moving ahead with all seriousness toward expanding its jurisdiction and carrying out effective investigations related to the quality of infrastructure in view of growing public complaints of misappropriation in this sector. 

He stressed the need to put an end to anomalies and aberrations seen in public entities promptly and to promote good governance in the country so as to increase the citizens' faith in the government.

Rai said CIAA will move ahead to bring those involved in illegal activities within the purview of law. 

Reminding that it would be difficult to achieve expected success in corruption control until the political officials in the executive role in all the three tiers of the government, the civil servants and the general public realized their responsibility, the CIAA chief called upon all to contribute from their respective fields to the national campaign aimed at controlling corruption. 

The CIAA marked its 33rd establishment day today around the theme—‘Let Us Improve Mindset, Culture and Attitude: Corruption Will Come Under Control.’

President Ramchandra Paudel, Vice-president Ram Sahaya Prasad Yadav, Prime Minister Pushpa Kamal Dahal, Chief Justice Bishowambhar Prasad Shrestha, Speaker of the House of Representatives Devraj Ghimire, National Assembly Chair Ganesh Prasad Timilsina, Deputy Prime Minister, lawmakers, government high officials, among others, were present on the occasion.

At the program, President Paudel launched the CIAA Souvenir-2080. Journalists associated with different media outlets were presented with a cash award of Rs 20,000 each and a letter of commendation in recognition of their contribution to corruption control and promotion of good governance through news dissemination. The recipients are Matrika Dahal of Kantipur daily, Jaya Kumar Mishra (Anuragi) of Lokantaar.com, Subash Gotame of Ratopati.com and freelance journalist Sudarshan Acharya. 

CIAA also honored Rajesh Kumar Das, Deputy Superintendent of Police Prakash Budhathoki and deputy attorney Niranjan Sthapit with the Outstanding Investigator and Outstanding CIAA Service Award carrying a purse of Rs 35,000 and a copper plaque each. 

The constitutional ombudsman, CIAA, has been adopting control and promotional strategy, in addition to preventive measures for corruption control and promotion of a culture of integrity. It has been conducting an awareness program against corruption, in collaboration with the three-tier government, the civil society, public organizations, schools and the media.