The Supreme Court (SC) has ordered the government to reinstate Bishnu Babu Mishra who was removed from chief of the Deposit and Credit Guarantee Corporation (DCGC) on the basis of the its decision to annul appointments made by the Sher Bahadur Deuba government.
A joint bench of Justices Ishwore Prasad Khatiwada and Anil Kumar Sinha hearing arguments of both the sides on Wednesday has issued an interim order instructing the government to allow him to work as DCGC chief. The SC earlier had instructed the government to not implement the decision to fire Mishra until July 18.
"The interim order issued by a single bench of this court to not implement the decision of the Cabinet and Finance Ministry, and termination letter, and to allow the applicant to work has been continued," the joint bench has ordered.
The government on July 4 annulled all the political appointments made by the preceding Deuba government from August 30, 2017 to February 14 arguing that Deuba government had made those appointments after the code of conduct for the election of House of Representatives (HoR) was enforced.
The Finance Ministry had handed over termination letter to Mishra, who was appointed in mid-October, 2017, stating that he has been dismissed to implement the Cabinet decision.
Mishra had moved the SC for reinstatement stating that he was appointed following free competition and the government dismissed him without even giving an opportunity to present his defense.
The SC order states that the Election Commission had provided consent for appointment of DCGC head on September 19, 2017. "The law states that the term of executive chief is of four years. The applicant has not been legally charged while dismissing him. He was not even given a chance for a hearing," the SC order reads.
