KATHMANDU: A division bench of Chief Justice Cholendra Shumsher Rana and Justice Kumar Chudal has refused to issue interlocutory order to let former DIG Prabin Kumar Shrestha continue his service in the Armed Police Force on Wednesday.
The division bench, on Wednesday cited that Shrestha got retirement on June 23; however, he filed a petition with the request for extending his term from the writ one month after his retirement and this indicates that the petitioner’s undisputable right has not been violated.
“The short-term interim order issued by the single bench on July 23 cannot be continued as it is not the violation as argued by the petitioner,” the Wednesday’s division bench verdict said, adding, “The petition deserves priority further procedure once the petitioner submits the details of the facts mentioned in the decision.”
In a writ petition seeking an interim order to let him continue working as DIG in APF, former DIG Shrestha had argued he was forced for retirement by omission of the provisions; hence, he should be allowed to continue his service.
Hearing on the writ petition, a single bench of Justice Anil Kumar Sinha on Friday had issued a short-term interim order stating that Shrestha should not be regarded as retired yet.
The Armed Police Regulations state that the tenure of the DIG will be four years. If there is no promotion or extension even after completion of 4 years, then there is a provision retirement. However, there is a provision in the regulations that the service period can be extended for one year if the age limit of DIG is not 56 years or the service period is not more than 30 years. In case of Shrestha, both service limit and age limit still permit him in the service for he has served in the police for 25 years and 7 months while he is only 52 years old.
As per the legal provisions, IGP Shailendra Khanal had submitted a proposal to the Home Ministry on May 30 to extend Shrestha’s tenure for one more year. However, the government went indifferent to the proposal.
Earlier, the Oli-led government had extended the tenure of DIG Khadgajit Rai and Mandeep Shrestha in January and AIG Pushparam KC and Ram Sharan Poudel in April.
Provided the court’s final verdict comes in Shrestha’s favor, he will also get chance to lead the command of Armed Police Force before retirement.
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