Kathmandu, Dec. 7
The Commission for the Investigation of
Abuse of Authority (CIAA) has filed
cases against 55 persons, including five former Culture, Tourism and Civil
Aviation ministers, including late Posta Bahadur Bogati and former Finance
minister Dr. Ram Sharan Mahat, for misusing the funds of Pokhara Regional
International Airport.
Based on the complaint
filed by the Civil Aviation Authority of Nepal (CAAN), the anti-graft body
alleged that the ministers, secretaries, construction company colluded to
increase the contract construction cost to US$244.04 million against the cost
fixed at US$169.69 million. The CIAA said that there was an unnatural increment
in the project cost by US$74.34 million (Rs. 8.36 billion as per 112.55
exchange rate of Nepali Rupee on 10 August 2018).
Former ministers Ram
Kumar Shrestha, Bhim Prasad Acharya, Deepak Chandra Amatya are indicted by the
CIAA. Since former Minister Bogati has already passed
away, his wife, Rammaya Bogati, has been made the defendant.
Former Secretary of
the Ministry of Culture, Tourism and Civil Aviation (MoCTCA) Sushil Ghimire,
Suresh Man Shrestha, Suman Prasad Sharma, Bhesh Raj Sharma, Deputy Secretary
Ranjan Krishna Aryal, Mohal Krishna Sapkota and Lok Bahadur Khatri, and former board
members of the Civil Aviation Authority of Nepal (CAAN) Committee Man Rup
Shahi, Jyoti Adhikari, Manoj Karki, Furba Chiring Sherpa, Suresh Acharya, Madan
Kharel, Mukti Narayan Paudel, and Surya Prasad Acharya are also involved.
Similarly, former
Director Generals of the CAAN Civil Aviation Authority, Tri Ratna Manandhar,
Ratish Chandra Lal Suman, former Deputy Director General Suman Kumar Shrestha,
and Deputy Secretary of the Ministry of Tourism Hari Bahadur Khadka have also
been indicted.
In relation to irregularities at the
airport, the sub-committee under the Public Accounts Committee of the House of
Representatives concluded in April this year that corruption had occurred at
the project developed with Chinese support. China has also been saying that the
project was included in the Belt and Road Initiative (BRI).
The house panel had directed the CIAA to
conduct an investigation. According to the sub-committee formed by the PAC,
irregularities were estimated at around Rs. 10 billion.
‘China CAMC acted in bad faith’
Cases are also filed
against the construction company China CAMC Engineering Co. Ltd.
“Ignoring the public
procurement regulations, the contractor company CAMC Engineering acted in bad
faith, without reasonable justification inflated the cost estimate unnaturally.
This was done to unlawfully benefit itself and other involved defendants,” the
CIAA said in a statement.
It also said that it
has been observed that China CAMC Engineering Co. Ltd. communicated with public
servants in bad faith to achieve this inflated cost.
According to it, immediately
after the approval of the cost estimate, the China CAMC Engineering unlawfully
submitted a proposal to increase the project cost to US$287 million, which was
done in bad faith. “This indicates that the company was attempting from the
very beginning of the construction procurement process to secure the contract
at an inflated price by any means necessary,” read the statement.
On 21 March 2012, a Pre-Bid Meeting was
held at the CAAN with representatives from China CAMC Engineering Co. Ltd.
During the meeting, no questions were raised about the approved cost estimate,
but later, defendants unlawfully manipulated the tender evaluation process to
secure an inflated contract.
Likewise, in response to a letter from the MoCTCA , the Ministry of Finance advised
that technical decisions regarding the airport design, approval, and cost
limits should be made in accordance with the law. Despite this, the Tourism
Ministry proceeded with a proposal to the Cabinet, showing bad faith in the
contracting process for Pokhara Regional International Airport.
Cabinet used as a
shield
Even though the
Cabinet's decision on 20 February 2013 clarified that the matter should not be
repeatedly presented, concerned government officials continued to push the
proposal through the Cabinet, likely aiming to protect themselves from legal
consequences and misuse of authority, demonstrating a clear intent to act in
bad faith, according to the CIAA.
According to it, the
decision of the CAAN’s Board on 29 October 2013, to send the revised cost
estimate for government approval, was unlawful. By involving China CAMC
Engineering Co. Ltd. in the procurement process and approving nominal
consultation, the defendants' illegal collusion and intent to further their
personal interests obstructed proper procurement procedures.
Despite knowing that
it violated the Cabinet's decision of 11 September 2013, the MoCTCA, alongside
the CAAN, manipulated the procurement process, bypassing legal protocols and
intentionally acting in bad faith to advance the project unlawfully.
The CIAA concluded
that despite receiving clear guidance from the Public Procurement Monitoring
Office, the CAAN, through illegal collusion with various officials, continued
the procurement process, seeking to cover up wrongdoing and avoid
accountability, contrary to Nepal's procurement laws.
Published in The Rising Nepal daily on 8 December 2025.
No comments:
Post a Comment