The Commission for Investigation of Abuse of Authority (CIAA) has sought the opinion of the Office of the Attorney General (OAG) about whether to conduct investigation on Raj Narayan Pathak who resigned as commissioner after corruption allegation.
A CIAA source said the constitutional anti-graft body has sought the opinion of the OAG after not finding clear constitutional provision to initiate corruption case against Pathak. An OAG source also confirmed about receiving a letter from CIAA.
"We have written to the OAG to provide clear advice on the constitutional and legal provisions to move the case of Pathak forward," the CIAA source stated.
Pathak resigned on Friday after news reports about a video of Pathak taking bribe from promoter of Nepal Engineering College located at Changu Narayan, Bhaktapur. CIAA is under pressure to punish Pathak even after his resignation.
CIAA office-bearers have been discussing about whether to initiate a case against Pathak or not since Sunday. They are in confusion due to lack of clear constitutional provision. "CIAA has decided to seek opinion from the OAG after confusion about whether to start a case or not. We have written to the OAG today," the source revealed.
The CIAA office-bearers concur that Pathak should be punished as the image of CIAA has taken a hit after the reports of a commissioner taking bribe. The CIAA is in a quandary thinking Pathak, who could have been punished if he were impeached, cannot be punished after resignation.
Article 239(2) of the constitution states that the CIAA can conduct investigations against the office-bearers that can be dismissed after impeachment. The next clause of the same article states that CIAA can file a court case if the impeachable office-bearer following investigations is found to have committed corruption.
The CIAA can initiate investigation limited to the issue, and Pathak can be jailed for 9-11 years if the corruption charge is established in the court.
Any office-bearer who takes bribe of Rs 5-10 million is liable for a jail term of 6-8 years, and should pay the claim amount and a fine equal to the claim amount, as per the Prevention of Corruption Act 2002. But the offender will get an additional three-year sentence if the person is an office-bearer at constitutional bodies appointed by the president.
Nepalkhabar news portal had published a news report about a video of Pathak taking bribe from promoter of Nepal Engineering College located at Changu Narayan, Bhaktapur Wednesday evening.
Prime Minister (PM) KP Sharma Oli, CIAA Chief Commissioner Navin Kumar Ghimire, deputy parliamentary party leader of the ruling CPN Subas Chandra Nembang and Attorney General Agni Kharel had reportedly watched the video four months ago but they sat on the smoking gun for four months and did not initiate any action against him.
CPN started preparations for registering impeachment motion on Thursday once the news report was published. Pathak resigned to the president on Friday after news reports about impeachment were published.
