KATHMANDU: The parliamentary special investigation committee formed to look into the manipulation of the Federal Civil Service Bill has underscored the necessity of enforcing a cooling-off period for retired government officials.
The committee’s report cites international practices from seven countries to demonstrate why such a provision is critical to maintaining the integrity of Nepal’s bureaucracy.
The committee has elaborated on the risks posed by allowing high-ranking civil servants to take up government or political appointments immediately after retirement. Drawing on global examples, it has warned of potential misuse of influence, access to sensitive information, and conflicts of interest if the cooling-off period is not legally enforced.
Before the bill was tabled in the House of Representatives, the State Affairs and Good Governance Committee had unanimously endorsed a provision under clause 82(4), which stated that civil servants who resign or retire must not be appointed to any constitutional or governmental position for at least two years. However, this clause was removed without formal approval, and the bill was passed by the House on June 29, revealing later that this manipulation had occurred in coordination with bureaucrats.
In its report, the committee argues that the concept of a cooling-off period is rooted in the need to regulate post-retirement activities of public officials who have had access to policy formulation, regulatory powers, and confidential information.
It states that retired officials, especially those from security, diplomacy, intelligence, and high-level administrative positions, must not be allowed to immediately enter into political appointments or private-sector roles. Doing so, the committee notes, could lead to the exploitation of insider knowledge and create unfair advantages for particular entities or interests.
The report features a full chapter titled explaining how such legal provisions are widely accepted and practiced around the world. According to the committee, the practice helps prevent conflicts of interest, protects the confidentiality of sensitive documents, upholds ethical standards, and strengthens public confidence in governance.
The report warns that the absence of such a mechanism in Nepal increases the likelihood of former officials using their previous influence, networks, or access to information to gain personal or political advantage.
To support its argument, the committee includes documented legal frameworks from the United States, United Kingdom, India, the European Union, Canada, Australia, and Japan. It provides detailed reference to the UK’s Business Appointment Rules for Crown Servants, which highlight how civil servants could be influenced by the expectation of future employment while still in office. It also explains how continued access to sensitive government information after retirement may be exploited unless clearly regulated.
The committee stresses that retired officials should be legally prevented from moving into roles that may benefit from their prior knowledge or connections. The cooling-off period, the report concludes, is essential to prevent undue political or commercial influence and is a widely accepted safeguard in democratic systems.
Despite these findings, the clause mandating a two-year cooling-off period was excluded from the final version of the bill, prompting concerns about political and bureaucratic interference.
The committee’s recommendations now call for reinstating and enforcing the provision through clear legislation to ensure ethical governance and align Nepal’s civil service practices with international standards
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