A parliamentary special committee formed to probe the tampering of the “cooling-off period” provision in the Federal Civil Service Bill, 2024 has concluded that the manipulation resulted from systemic negligence, lack of due legislative diligence, and institutional failure. It pointed to moral and procedural lapses by key officials, including the State Affairs Committee chair, its secretary, and senior bureaucrats.

The committee, in its report, has also indicted the entire parliamentary committee for collective failure to uphold legislative integrity.

In the conclusions and recommendations section of Chapter 6 of the report, the committee outlines four causes for the error. It states that the inclusion of Sub-clause (4) and the retention of Sub-clause (5) under Clause 82 of the bill failed to align the draft legislation with the approved policy on the cooling-off period. As a result, the bill did not conform to legislative intent and policy, thereby leading to the blunder.

The report states that the error crept in due to the lack of clause-by-clause discussion when finalising the draft of Clause 82. Although Sub-clause (4) had been carefully inserted in line with the approved policy on the cooling-off period, coherence was not ensured between the newly added Sub-clause (4) and the existing Sub-clause (5).

Further, the report notes that although members of the State Affairs and Good Governance Committee were expected to review and deliberate on the final draft before its submission to the House of Representatives, this was not done—another factor leading to the error.

The report also highlights the absence of a “keeling schedule” — a legislative tool used to merge and reconcile multiple drafts — as another cause of discrepancy in the bill.

Moreover, the report observes that the committee, its secretariat, the Ministry of Federal Affairs and General Administration, the Ministry of Law, Justice and Parliamentary Affairs, and other parties involved failed to fulfil their due responsibilities. As a result, legislative coherence was visibly lacking.

The panel formed to investigate the tampering of the cooling-off period provision in Clause 82 of the Federal Civil Service Bill submitted its report to Speaker Devraj Ghimire on Tuesday.

The probe panel headed by Nepali Congress lawmaker Jeevan Pariyar took 29 days to prepare the report.

The investigation committee, comprising two lawmakers each from the ruling Nepali Congress and CPN-UML, and one member each from the CPN (Maoist Centre), the Rastriya Swatantra Party, and the Rastriya Prajatantra Party, submitted its report two days later than schedule. The delay resulted from a tug-of-war between its members from the ruling and opposition parties.

The report identifies Ramhari Khatiwada, chair of the State Affairs and Good Governance Committee, and Secretary Suraj Kumar Dura, as responsible parties.

Khatiwada has been deemed morally responsible for the manipulation in the bill’s “cooling-off period” provision.

“As the bill was presented to the House with the chairman’s signature, he is accountable for the errors in the draft. Thus, the moral responsibility falls upon Chair Khatiwada,” reads the report.

The bill’s text, finalised by the state affairs committee of Parliament on May 16, was tabled in the House’s plenary on June 16 and endorsed by an overwhelming majority on June 30.

The committee earlier decided unanimously to include a provision under Clause 82(4), stating that “a civil servant or any other government employee who resigned or retired from service shall not be eligible for appointment to any constitutional or government position before two years from retirement”.

After incorporating this provision, the previously included clause that barred such individuals from positions except for constitutional or diplomatic appointments or any other appointment made by the government of Nepal was to be removed.

However, as that clause was retained, it raised serious questions, leading to the formation of the committee under Congress lawmaker Pariyar.

After the probe accused him of tampering with the bill’s provisions, Khatiwada said he would decide on his next steps only after thoroughly studying the report and discussing it with party leaders. As the report holds him responsible, questions have been raised about his chairmanship of the committee.

However, Khatiwada maintained that he had done no wrong. He argued that if he were to accept moral responsibility for a mistake he did not commit, even the Speaker of Parliament — under whose watch the bill was passed — should be held accountable.

Though the leaders of the ruling UML party do not squarely blame Speaker Ghimire, they argue that Parliament as a whole, which passed the bill, should be held accountable. They further argue that the top leadership of the Congress and the CPN (Maoist Centre), who are members of the state affairs committee, are also complicit.

It would be incorrect to place the blame on a few individuals, given that the state affairs committee has representatives from all responsible political parties, and the bill was ultimately passed by Parliament, argue UML leaders.

The UML, expressing dissatisfaction with the Federal Civil Service Bill, has already registered an amendment proposal in the National Assembly.

After the special committee submitted its report to the Speaker on Tuesday, Roshan Karki, a member representing the Rastriya Prajantra Party, said the arrogance of major parties had hindered the probe in reaching a desired conclusion.

She said that it took them two days to agree to the term ‘morality’s inclusion in the report. According to her, the major parties were apprehensive about the term, and the word was included only after persistent pressure from the Maoist Centre, Rastriya Swatantra Party, and Rastriya Prajatantra Party members on the committee.

Likewise, the report finds Secretary Dura of the State Affairs Committee culpable.

“As he was present during both subcommittee and committee meetings and held defined legal responsibilities such as managing meetings, drafting documents, certifying content, and presenting the draft to meetings, it appears that he did not fulfil his official duties and responsibilities.”

The report also holds Joint Secretary Meera Acharya (representing the Ministry of Federal Affairs and General Administration) and Joint Secretary Subash Bhattarai (representing the Ministry of Law, Justice, and Parliamentary Affairs) accountable for failing to assume responsibility for the flawed provision.

Further, the report notes that Chief Secretary Ek Narayan Aryal and Federal Parliament Secretary Padma Prasad Pandey failed to demonstrate expected conduct.

“The chief secretary of the Government of Nepal, then-secretaries of the Ministry of Federal Affairs and the Ministry of Law, and the secretary overseeing legal matters at the Prime Minister’s Office—although they don’t seem to have erred directly on the cooling-off period, that their public position altered the committee-approved report is improper, undignified, and irresponsible,” the report states.

“The report was passed unanimously,” said one member. “What we all agreed to was that committee chair Khatiwada and Secretary Dura are morally responsible, while the entire committee appears to have acted negligently.”

Similarly, the lobbying and manoeuvrings by Chief Secretary Aryal, along with the general secretary and other secretaries of Parliament, to remove the cooling-off period provision has been deemed a challenge to parliamentary authority.