Nepal’s Supreme Court has delivered a key ruling that could reshape leadership decisions inside major public institutions. The court has overturned the government’s move to remove Hitendra Dev Shakya from the post of Executive Director of the Nepal Electricity Authority (NEA), ordering that he be reinstated without delay.
The joint bench of Justices Nahakul Subedi and Shrikant Paudel issued the order on Monday, stating that the government acted without following mandatory procedures.
What the court found
The court observed that the proposal placed before the cabinet by Energy Minister Kulman Ghising lacked fairness and appeared to be influenced by personal bias. According to the ruling, the removal did not follow the rules outlined in the NEA’s service regulations and the performance agreement that governs the Executive Director’s position.
The bench noted that the decision-making process itself showed signs of arbitrary action, and therefore could not stand within the framework of law and justice.
How the dispute began
On October 21, the cabinet had decided to remove Shakya and shift him to a newly created position of energy expert at the Water and Energy Commission Secretariat. The proposal was forwarded by Minister Ghising during his very first cabinet meeting after taking office.
Shakya challenged the decision at the Supreme Court, insisting that he should remain in his original post at the NEA. His petition raised questions about political pressure and the fairness of high-level administrative changes.
A turning point inside the energy sector
The ruling is being seen as a significant moment for Nepal’s energy administration. Kulman Ghising, widely praised for ending load-shedding during his earlier tenure as NEA chief in 2016, now faces criticism for acting too quickly and emotionally after entering the ministry.
Shakya, a long-serving engineer with decades of experience inside NEA, had also been regarded as a steady hand. The abrupt attempt to move him had raised concerns about personal conflicts influencing public appointments.
Wider implications for governance
This decision may push Nepal’s bureaucracy toward more transparent and rule-based governance. When ministers make decisions driven by personal preference rather than legal standards, experts warn it weakens the morale of senior officials and disrupts long-term institutional planning.
In a sector as crucial as electricity, leadership stability is essential. Frequent changes at the top of NEA can slow down hydropower projects, delay distribution upgrades, and affect national energy planning.
The court’s message is clear: arbitrary government decisions will not stand. For the political sphere, however, the ruling places fresh pressure on Minister Ghising, raising questions about how he will rebuild trust inside his ministry.
Shakya’s reinstatement brings NEA back to where it was before the dispute, but it also sets the stage for a potentially tense working environment between the ministry and the authority’s leadership.
