Balen Shah refuses to allow CAO to report for duty at KMC again

Kathmandu, March 6 — Kathmandu Metropolitan City Mayor Balen Shah has sent a response letter to the Ministry of Federal Affairs and General Administration. The ministry had sent a letter to the Kathmandu Metropolitan City on Wednesday, requesting the creation of a conducive working environment for the Chief Administrative Officer assigned there.

In response, Mayor Balen Shah sent a letter on Thursday, stating that the Chief Administrative Officer would not be allowed to attend, along with a firm stance on the matter.

The letter mentions that the building, which includes a bus park, will be constructed on land owned by the Kathmandu Metropolitan City under the Public-Private Partnership concept. "The authority to make decisions regarding the operation and management of such projects falls under the jurisdiction of the local government, as per Section 11, Subsection (2) (b), and Section 97 of the Local Government Operation Act, as well as Section 17 of the Public-Private Partnership and Investment Act, which was approved by the Kathmandu Metropolitan City’s Municipal Assembly. This authority lies with the Partnership Board and the Municipal Executive," the letter states.

"The Partnership Board and the Municipal Executive must make policy-level decisions and reach a conclusion on the project's crucial elements. The construction of the building, which is under consideration by the Partnership Board, is being studied as part of an ongoing project. After the deadline for the construction mentioned in the project agreement passed, continuing with actions contrary to existing legal frameworks, the terms of the original agreement, building standards, and building codes would result in negative consequences for the project and other tasks. Therefore, it is requested that the responsible Chief Administrative Officer, who failed to carry out the duties properly, not be allowed to report, and instead, a temporary Chief Administrative Officer with financial authority be appointed until a permanent solution is found or an amendment to the Local Government Operation Act is made."

Earlier, the ministry had sent a letter to the Kathmandu Metropolitan City, urging them to create a conducive working environment after receiving complaints that Mayor Balen Shah had not allowed Saroj Prasad Guragain, the officer assigned as the Chief Administrative Officer, to report for duty.

Guragain had filed a written complaint with the ministry, claiming that he had been unable to report to work since 8th Poush (December 23, 2024) due to the mayor locking the office and preventing him from working, along with making various false accusations. 

Guragain, who was appointed as Chief Administrative Officer by the Ministry of Industry, Commerce, and Supply on 27th Shrawan (August 11, 2024), had been sent to Kathmandu Metropolitan City. The Kathmandu Metropolitan City claimed that Guragain approved the building design without completing the official process, and an investigation into this matter is currently ongoing.