Kathmandu: Nepal Insurance Authority Chairman Sharad Ojha has informed the Ministry of Finance that he reported back to work at the Authority on the basis of a short-term interim order issued by the Supreme Court.
Replying to a query from the Finance Ministry on Thursday, Ojha stated that there are no legal provisions requiring further decisions to implement the court’s interim order, and therefore, after obtaining a certified copy of the order, he resumed regular work at the Authority.
Earlier today, the Finance Ministry had sent Ojha a letter asking on what basis he had rejoined office.
Ojha returned to the Authority on Tuesday following the Supreme Court’s interim order. However, the Finance Administration had earlier instructed him not to work or allow others to let him work.
According to ministry sources, the Finance Ministry received Ojha’s written response Thursday evening.
“The Supreme Court’s order had not been directly received by the Finance Ministry. We have now received it after Ojha forwarded it along with his explanation that no additional decision from the Authority was necessary for its implementation,” a ministry source told Clickmandu.
The source further said that although the court ordered non-implementation of Ojha’s dismissal, it did not explicitly mention anything regarding his suspension. “Had he returned to work after the ministry lifted the suspension, it would have been better—that is why we sought clarification,” the source added.
On Bhadra 23, the Supreme Court had issued a short-term interim order not to enforce the government’s decision to dismiss Ojha. He rejoined office the same day.
Justice Sharanga Subedi’s single bench issued the interim order and called both parties for a hearing on Asoj 26 to decide whether to continue the order.
The order instructed the government not to implement the dismissal, not to proceed with appointing a new chairman, and to maintain the status quo until the hearing.
The Supreme Court order states:
“Considering the petitioner’s request for an interim order, the balance of convenience, and the relevance of the writ petition, it appears appropriate to hear both sides before deciding whether to continue the interim order. Therefore, the government’s decision of 2082/05/02 to dismiss the petitioner, the letter dated 2082/05/04 informing the decision, the Insurance Authority’s decision dated 2082/05/09 to call applications for a new chairman, and the notice published on 2082/05/14 shall not be implemented for now and are kept in abeyance. A short-term interim order is issued until 2082/06/26 for discussion on the matter.”
Ojha, in his letter to the Finance Ministry, clarified this position.
Meanwhile, 14 individuals had applied for the post of Authority chairman following the government’s call for applications. The Cabinet on Bhadra 2 had formally decided to remove Ojha from office.
Earlier, questions were raised over Ojha’s qualifications and experience, prompting the government on Asar 30 to form a three-member investigation committee led by former Justice Krishna Giri. Ojha was suspended after that decision.
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