KATHMANDU, March 23: The controversy over the retirement of eight brigadier generals of the Nepal Army reached the Supreme Court Monday as they have filed a joint writ petition against their retirement last week. [break]
In the petition, the retired army officers have asked the court to nullify the government decision stating that it was against the Army Regulations 1963 under which their tenure can be extended by three years or by two years if the total tenure of the brigadier general in question is six or four years. The regulations were amended in 2005 and they were promoted to brigadier under the amended version of the regulations, according to the petition.
The retired army generals who moved the apex court on Monday included Nara Bahadur Kandel, Narendra Bahadur Rawal, Kumar Bodhathoki, Pawan Bahadur Pandey, Pradip Bikram Rana, Shiva Kumar Poudel, Ramesh Bista and Raju Pratap KC. Their terms expired last Monday after the government refused any extension.
They further argued that the Army Act 2006 allows them to remain in service till they are 56 years of age. But none of the defendants were 56 when the government retired them Monday, they said in the petition.
The retirement of the eight has become mired in deep political controversy after the major political parties including the ruling coalition partner CPN-UML and the opposition Nepali Congress protested. The Unified Communist Party of Nepal (Maoist), however, supported the decision taken by the Defense Ministry headed by Maoist leader Ram Bahadur Thapa Badal.
This is the second time a senior army officer has moved the Supreme Court against a government decision on retirement. In 2006, then major general Pradip Pratap Bam Malla had move the apex court against his retirement by the Girija Prasad Koirala-led government. The court had reinstated Malla.
The eight petitioners have argued that their retirement was illegal because of the precedent set by the Supreme Court in the Malla case.
Meanwhile, the Supreme Court is holding initial hearings on the writ petition on Tuesday.
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