A single bench of Chief Justice Ram Prasad Shrestha issued the notice in response to a writ petition filed by Kansakar and the five NAC officials, who claim that the CIAA secretary cannot file case against them as the Article 149 of the Interim Constitution provisions that only a CIAA commissioner can file cases. [break]
CIAA is without a commissioner at present.
The writ petition, accusing Kansakar and other officials of embezzling millions of rupees in the Airbus purchase deal, was filed by CIAA Secretary Bhagwati Kafle.
The apex court has also summoned both the plaintiff and the defendants for January 9 to hold hearing on whether to issue a stay order as sought by Kansakar and the five officials.
Kansakar, Acting Assistant General Managers Raju Bahadur KC and Ganesh Thakur, Acting Director Gyanendra Purush Dhakal, Director Mayur Sumsher Rana and Acting Deputy Director Keshav Raj Sharma had jointly filed the petition at the court on December 31.
The CIAA had filed a corruption case at the Special Court a week ago concluding that Kansakar and five others embezzled Rs 57.3 million by sending non-refundable money to the Airbus Company flouting Public Procurement Act.
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