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Chapter 8 Service Security

Chapter 8 Service Security
56. Security of service of civil employee : No civil employee, other than the following civil employee, shall be removed or dismissed from the civil service without providing him/her with a reasonable opportunity to furnish proofs his/her defense:
(a) Who has been convicted by a court of a criminal offence involving moral turpitude,
(b) Who is holding a temporary post,
(c) Who has disappeared and whose whereabouts are not known or there are sufficient grounds that it is not possible to establish contact with him/her.
• (d) Who is convicted by a court of a corruption charge.

57. Saving of civil employees :

(1)No case may be instituted against any civil employee in respect of any government business performed
by him/her considering it to be the carrying out of the duties of his/her post, without fulfilling the procedures as mentioned in Sub- section (2).
(2) In order to institute a case against any civil employee pursuant to Sub-section (1), an approval of the Authority shall be required in respect of a criminal case; and the following matters have to be observed in respect of a civil case:
(a) Two months have elapsed after a written notice stating the reasons for instituting the case and
the name and address of the plaintiff and of his/her attorney, if any, has been delivered to the
Authority or the concerned civil employee or sent by post through a registered mail and a copy
of such notice has been submitted to Government of Nepal.
(b) The case has been filed within eight months from the date of cause of action.
(3) In respect of any act performed by any civil employee in
the course of discharging the duties of his/her post while he/she was
incumbent, no case may be instituted against him/her without the
approval of Government of Nepal, even after the termination of
his/her service.
(4) If Government of Nepal gives approval to institute a case pursuant to Sub-section (3), Government of Nepal shall defend on his/her behalf.

58. Security of conditions of service : The conditions of service relating to salary, gratuity, pension and other facilities of any civil employee prevailing at the time of his/her appointment shall not, without his/her consent, be so altered as to cause adverse effects on him/her. If any subsequent amendment causes adverse effects, in any manner, on such conditions of service of any civil employee who is already incumbent prior to such amendment, such amended
provisions shall not be applicable to him/her in absence of his/her written consent to the application of such provisions.

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