Himal Press 
KATHMANDU: Nepal Electricity Authority (NEA) Executive Director Kul Man Ghising has argued that termination of his appointment without due process will violate the principles of natural justice.
In a 17-page clarification submitted to the Ministry of Energy, Water Resources, and Irrigation on Sunday, Ghising has addressed most of the concerns raised by the ministry regarding the alleged violation of a performance agreement signed on January 19, 2022.
The ministry had questioned Ghising on Thursday why his appointment should not be revoked, citing his failure to submit the performance report for the fiscal year 2023/24 within the stipulated timeframe.
“My performance in previous years—94.23 in 2021/22 and 98.94 in 2022/23—met the set targets, and the 2023/24 report, submitted on December 9, 2024, should objectively yield 98.99 points if evaluated fairly,” Ghising said in his clarification. “The agreement does not specify a submission deadline, and past practices allowed evaluations even after late submissions.”
He also highlighted procedural lapses, noting that no evaluation committee was formed, nor was he allowed to present his case, as required by the agreement.
Responding to the ministry’s other concern that Ghising exceeded his authority by raising electricity rates in power exchange agreements with India, the NEA chief clarified that the government had granted prior approval on July 20, 2020. “This authorized NEA to engage in electricity trade with India and Bangladesh. A letter from the ministry dated March 14, 2021, also designated NEA as the nodal authority for cross-border power trade,” Ghising added. “The agreement, pending approval from NEA’s Board and the Electricity Regulatory Commission (REC), reduced the tariff hike rate from 4.5% in the past years to 1.5%, benefiting Nepal’s foreign exchange reserves and ensuring a reliable dry-season supply.”
Addressing the ministry’s accusation of defying the cabinet’s instructions on the dedicated feeder and trunk line tariff issue, Ghising stated that most court rulings have validated NEA’s decisions on the issue. “Following the cabinet’s October 2024 decision, NEA’s board meeting on October 12, 2024, decided to recover dues within 15 days at rates approved by the Electricity Regulatory Commission (ERC),” Ghising explained. “NEA began disconnecting power to non-paying industries from October 28, 2024, as per the existing laws. However, we followed the cabinet’s directive to reconnect lines within 24 hours and recover dues within 15 days. Later, we applied additional pressure tactics, such as freezing bank accounts and transferring shares, but these measures proved ineffective.”
Ghising also argued that NEA’s efforts to recover public funds were thwarted by conflicting directives from the ministry and the ERC. “Since court rulings support NEA’s stance on the dedicated feeder and trunk line tariff issue, the ministry’s contradictory stance—ordering reconnections of power supply while demanding recovery of outstanding dues—is untenable,” Ghising added.
