KATHMANDU: The Supreme Court has issued a mandamus order to reinstate Hitendra Dev Shakya to the position of Managing Director of the Nepal Electricity Authority (NEA).
A division bench of Justices Nahakul Subedi and Shreekanta Poudel issued the order on Monday.
The interim government formed after the Gen Z protests of September 8 and 9 had, on September 21, decided to transfer Shakya to the Water and Energy Commission Secretariat and appoint Manoj Silwal to the position.
Shakya had challenged the decision at the apex court on November 3.
“The government’s decision of September 21 to remove Shakya from the post of Managing Director of the NEA and appoint him as an expert member of the Water and Energy Commission Secretariat, and to appoint Manoj Silwal, one of the defendants of this case, to the position thus vacated, is found to be contrary to the prevailing legal provisions, the performance agreement concluded with him, and the judicial principles repeatedly clarified and established by this Court in various cases. Accordingly, all actions and correspondence carried out based on that decision are quashed by an order of certiorari,” the top court said. “Furthermore, a mandamus is hereby issued in the name of the respondents to reinstate the writ petitioner to the position of Executive Director of the NEA and to allow him to perform their duties as before.”
Earlier, on November 7, a division bench of Justices Abdul Aziz Musalman and Nripadhwaj Niraula had declined to grant the interim order sought by the petitioner and maintain the status quo until the final verdict is delivered.

Himal Press