SC quashes govt move to remove Shakya from NEA leadership

The Supreme Court on Monday overturned the government’s decision to transfer NEA Managing Director (MD) Hitendra Dev Shakya citing the decision as unjust, unfair and unreasonable. 

A bench of Justices Nahakul Subedi and Shreekanta Paudel ruled that the move to transfer him to a newly created “energy expert” post was unlawful and allowed him to remain as NEA chief.

Ghising’s proposal at the cabinet to transfer Shakya appeared biased and retaliatory, the court’s verdict reads, further adding that it cannot be considered fair, just, or reasonable. The ruling added that the decision looks arbitrary from the face of the record and such decisions and actions cannot be sustained under the rule of law and justice. 

After the recent September events that toppled the Oli government, Ghising became Minister for Energy, Water Resources and Irrigation in the Sushila Karki-led interim government. Immediately, the ministry transferred Shakya to the expert post and appointed Manoj Silwal, a former NEA deputy executive director, as the NEA’s new MD.

The SC ruling noted no consent was taken from Shakya while transferring him, and that the concerned ministry violated existing guidelines in removing Shakya.

Ghising and Shakya are connected through a series of leadership changes at the NEA over the years, sharing a complicated relationship.

Ghising, now energy minister, began leading NEA as its managing director in September 2016. His tenure ended in 2020, after which Shakya was appointed NEA chief by the Oli administration on February 9, 2021. The Deuba government later replaced him with Ghising on August 11 that same year.

Ghising was sacked in March this year, when his term was about to finish in the next two and half months of August. Shakya was then appointed to the NEA’s top post. Ghising then moved the SC, seeking his reinstatement.

Throughout these changes, public opinion largely favored Ghising, due to his leadership at the time when the country’s loadshedding ended. Shakya, on the other hand, faced severe public criticism, including criticism from the civil society, which later created significant repercussions for him. 

Misinformation and disinformation fuelled claims that his appointment was an act of nepotism, alleging he was the brother of then-First Lady Radhika Shakya. During the September 9 unrest, a mob vandalised and set fire to Shakya’s residence, partly due to this perceived connection, largely due to the shared surname and misrepresentation of him against Ghising. 

At the same time, public support for Ghising surged further with calls for him to step into politics. He is now the founder of the new party Ujyaalo Nepal.