Chapter-9 Service security

Chapter-9 Service security
69. Security of service of employee : No employee, other than the following employee, shall be removed or dismissed from the service without providing him/her with a reasonable opportunity to furnish proofs for 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) Whose name registration has been cancelled by the health related professional council established pursuant to the prevailing law.

70. Saving of employee :

(1) No case may be instituted against any 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 employee pursuant to Sub-section (1), an approval of the Attorney General shall be required in the case of a state case and that of the Authority shall be required in respect of the other case; and the following matters have to be observed in respect of a civil case:
(a) 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 employee or sent by
post through a registered mail and a copy of such notice has been submitted to His Majesty’s
Government.
(b) The case has been filed within Eight months from the date of cause of action.
Provided that, nothing contained in this Sub- section shall be considered to institute a case
against an employee who has cause physical loss and damage to any person as a result of his or her
act done recklessly or with ulterior motive and claim for compensation pursuant to the prevailing
law.
(3) In respect of any act performed by any employee in the course of discharging the duties of his/her post while he/she was incumbent, no case may be instituted against him or her without the approval as referred to in Sub-section (2) even after the termination of his or her service.
(4) If the Government of Nepal gives approval to institute a case pursuant to Sub-section (3), the Government of Nepal shall defend on his or her behalf.

71. Security of conditions of service : The conditions of service relating to salary, gratuity, pension and other facilities of any 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 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 agreeing to the application of such provisions.