Private: Administrative Law Content
Quasi Judicial Bodies
The Administrative Court in Nepal hears appeals related to removal of government employee only.
It decides on appeals related to removal of gov employee only, does not hear all disputes concerning government employee, such as those related to promotion, deployment, departmental action, corruption, etc.
No relation to cases regarding ordinary citizens.
In this sense, Administrative Court in Nepal does not really reduce the burden of cases on the regular courts.
Public Service Act, 2049 is the special governing Act
- Constitution and Qualification of members– 1 chairperson and 2 members’ panel. Tenure of member is 5 years. Chairperson is person who was, is or qualified to be judge of appellate court. Other 2 members, 1 is from legal and another from administrative background.
- Jurisdiction– Hear appeal against departmental action to remove gov employee from service, with or without restriction on future government employment.
- Exercise of jdx– Collectively by the 3 members based on majority opinion.
- Decision on Appeal– to endorse or invalidate the earlier decision, or decrease punishment or to acquit, within 6 months from date of filing of appeal
- Parties may appoint lawyer or plead themselves
- Enforcement of decision- via Ministry of Public Administration
- Contempt of court- proceedings may be held against those who do not comply with this Court’s decisions or orders or one who commit contempt of this court. Up to 6 months imprisonment or not exceeding Rs. 5,000 fine or both for contempt.
Ujjwal P. Devkota v. Office of Audit Controller (NKP 2057)
Appeals relating to termination of government employment should be filed with the Administrative Court, which is the prescribed legal remedy, and not as a writ application under the extraordinary jurisdiction of the Supreme Court. Administrative Courts is an alternate legal remedy.
This decision put an end to the practice, after the enforcement of Constitution of 1990, of directly filing writs by employees against whom departmental action had been taken , instead of filing appeal at Admin Court.
Hears appeals against decisions related to revenue taken by various agencies and official pursuant to Revenue Tribunal Act, 2031
- Constitution and Qualification of members– 1 chairperson and 2 members’ panel. Chairperson is person who is or qualified to be judge of appellate court. Other 2 members, 1 is from revenue and another from audit background.
- Jurisdiction– Initial complaint: relating to its contempt (of court).
Appeal: Hears appeals against decisions related to revenue taken by various agencies and official
- Appeal against Decision of Revenue Tribunal- Decision of RT is final. May file appeal against decision of RT at the Supreme Court on the following legal grounds:
(i) question of jurisdiction
(ii) admission of irrelevant evidence and exclusion of relevant evidence, or
(iii) violation of mandatory procedural laws.
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