In a three-page written reply to the apex court, Bhattarai has claimed that Hada´s allegation that he is in contempt of the court is ´completely false´. [break]
Bhattarai maintained that Hada was transferred as per the recommendation made by a committee comprising the chief secretary and the secretary of the ministry of general administration and formed as per Clause 18 (2) of the Civil Service Act, 2049.
In his clarification, Bhattarai argued that the transfer and deputation of Hada does not attract Clause 36 (12) of the Civil Service Regulations, 2050, which states that a civil servant who has already served as chief at any ministry, department, central body or district office cannot be transferred to a lower body without his/her compliance.
Bhattarai stated that the government can transfer any special class or first class official as per the recommendation -- binding on the government -- of the committee comprising the chief secretary and the secretary at the ministry of general administration.
The prime minister has also said that Hada had not raised any questions about her transfer to the Ministry of Women, Children and Social Welfare from the Prime Minister´s Office, from the Ministry of Women, Children and Social Welfare to the National Information Commission, from the National Information Commission to the Nepal Trust Office or from the Nepal Trust Office to the Ministry of Irrigation.
Bhattarai accused Hada of questioning her recent transfer with the ill-intention of hampering government work and also to get him into trouble.
Acting on Hada´s contempt of court application, the Supreme Court on September 3 had summoned the prime minister and Chief Secretary Leela Mani Poudyal to furnish clarifications for preventing Hada from working as secretary at the Ministry of Irrigation.
The Supreme Court on August 23 had stayed the govenrment´s decision to transfer then Irrigation Secretary Hada to the Office of Comptroller General and then to the prime minister´s office on deputation.
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