The Patan High Court has issued a short-term interim order on Tuesday instructing the recently appointed Chief Executive Officer (CEO) of Investment Board Sushil Bhatta to not work in that position for now.
Hearing the writ petition filed by advocate Jaya Bahadur Bhujel on Monday, the court has issued an interim order instructing to not immediately implement Bhatta's appointment and keep it as it is, Spokesperson with the Patan High Court Shambhu Prasad Regmi told Setopati.
The court order will remain in place until it hears arguments of both the sides and issues another order. It has summoned both the parties of the petition for discussion on August 16.
Regmi added that the court has also called for an amicus curiae to decide about whether to revoke Bhatta's appointment or not. "The court has also ordered to write to the Patan High Court Bar to send two senior advocates or advocates as amicus curiae as the petition about Bhatta's appointment is an issue of public importance," Regmi stated.
Advocate Bhujel had filed a writ petition on Monday demanding the appointment be revoked through certiorari.
"Advocate Jaya Bahadur Bhujel has demanded revocation of the appointment arguing that Bhatta is not suitable for the post like CEO of the Investment Board pointing that he has been involved in leaving different projects in limbo in the past by not completing them in time, he also does not meet other qualifications, and his appointment is against the objective and spirit of the Public Private Partnership and Investment Act," Regmi said.
The petitioner lso urged the court to instruct the government to appoint a competent and qualified person with a clean image.
The Cabinet meeting on August 3 had appointed Bhatta as the Investment Board CEO.
A committee formed under Finance Minister Yuba Raj Khatiwada had recommended three persons for appointment following evaluation of the proposals submitted by the candidates and interview.
The committee under Khatiwada, who is also the vice-chairman of the body formed for facilitation of foreign investment, had recommended Bhatta, Saroj Koirala and Ram Krishna Khatiwada for appointment.
The Cabinet had appointed Bhatta, who was member of the National Planning Commission to oversee infrastructure, from among the three candidates.
Bhatta's appointment has been widely condemned due to his controversial involvement in leaving different projects in limbo in the past, and many believe Prime Minister (PM) KP Sharma Oli appointed him due to his close relation with Bhatta's younger brother Deepak Bhatta.
The post was vacant after the then Investment Board CEO Maha Prasad Adhikari was appointed governor of the Nepal Rastra Bank (NRB).