Despite the delay in submission of performance evaluation reports in the past, Nepal Electricity Authority (NEA) Executive Director Kulman Ghising consistently received high marks in his evaluation.
However, the incumbent government, which has been seeking various excuses to remove Ghising since coming to power, has now attempted to dismiss him based on the late submission of reports rather than his actual performance evaluation.
The Council of Ministers has already asked him to justify why he should not be removed.
Ghising submitted his clarification on Sunday, arguing that the performance agreement did not specify a submission deadline. He pointed out that past reports had been submitted as late as mid-February without affecting his evaluation.
According to information obtained by New Business Age, the performance agreement between NEA’s Board of Directors and Ghising does not mention a specific submission date. However, it states that the performance evaluation of the fiscal year (FY) 2023/24 must be completed by mid-September 2024. The agreement also requires an evaluation committee, led by a Joint Secretary of the Ministry of Energy, to assess performance and submit the report to both the ministry and Ghising.
Legal experts argue that dismissing an employee solely for late report submission is legally questionable. "If this matter goes to court, the decision will rest with the judiciary. While late submission may impact scores, I do not believe it legally justifies removal," a corporate lawyer told New Business Age.
Senior Advocate Prof Dr Gandhi Pandit criticized the move, stating that it would be unjust to give Ghising zero marks solely for the delay in submission of the report.
"Had the delay in submission of the performance evaluation report caused a crisis in the energy sector, action would be understandable," he said. "However, since this delay had no impact, taking action on this basis is clearly unfair. His performance speaks for itself."
Despite this, Energy Minister Deepak Khadka told Parliament on March 6 that Ghising received zero marks in his performance evaluation for failing to submit reports on time. In a 17-page explanatory letter to the ministry on Sunday, Ghising clarified that his heavy workload prevented him from meeting the mid-September deadline.
"The agreement does not specify a strict deadline for report submission. Due to continuous institutional responsibilities, I informed the ministry that submission by mid-September was not possible, and the reports were later submitted accordingly," he wrote.
The performance evaluation report for FY 2023/24 was eventually submitted on January 8, after Ghising formally requested extensions through letters on October 23 and November 19. The Ministry of Energy, Water Resources, and Irrigation acknowledged these requests but still awarded him zero marks, citing the delay.
As per the agreement, if the performance score falls below 50 percent, the appointment can be revoked. Citing this provision, the Council of Ministers, led by Energy Minister Khadka, decided on March 5 to remove Ghising and gave him three days to justify why he should not be dismissed.
On March 6, the Ministry of Energy issued a four-point clarification notice, demanding an explanation. In his response, Ghising asserted that performance evaluation should be based on actual work rather than procedural delays in submission of report.
The ministry had previously asked Ghising for clarifications on multiple occasions, including on October 8, October 29, January 6, and February 25. The ongoing dispute between Energy Minister Khadka and Ghising has intensified, particularly over the Rs 6 billion arrears that industrialists owe NEA for using electricity through dedicated feeders and trunk lines.
