Transfer of Infrastructure Office Chief Following Strict Enforcement

April 15, Janakpur – The Infrastructure Development Office in Mahottari followed legal procedures by sending letters on Chaitra 22 (March 5) to all 15 municipalities’ ward offices regarding the formation of 258 consumer committees to advance projects worth up to NPR 2.5 million. To ensure transparency, the office also published all these letters on its website.

Previously, infrastructure offices under the Ministry of Physical Infrastructure Development in Madhesh had a practice where ministers, MPs, their leaders, activists, and intermediaries would selectively collect consumer committee letters themselves. Last year, ward chairs had even resorted to lockouts over this issue.

This time, the office adopted a policy of sending letters directly to ward offices and publishing them on their website for public information. Office chief CDE Kartikesh Jha’s move was believed to create pressure for other ministries and subordinate bodies to work transparently.

However, some provincial MPs were dissatisfied with this step. According to an office employee, some MPs and former ministers visited the office and threatened the chief and staff, questioning why the letters related to their projects were sent directly to wards and posted online. They insisted, “These letters must be handed over directly to us or our people, otherwise it won’t be acceptable,” even warning of transfers.

Despite his insistence on not violating legal procedures, the Madhesh Province government eventually transferred Jha. On Falgun 25 (March 9), the Chief Minister’s and Council of Ministers’ office reassigned him to the Provincial and Local Level Reform Project at the Provincial Planning Implementation Unit in Janakpur.

The office spokesperson and deputy secretary Rohit Koirala confirmed that Jha was transferred along with his position. However, Jha himself says he is unaware of the reason for the transfer.

He had only arrived at the Mahottari infrastructure office on Ashoj 27 (October 14). He expressed confusion over his transfer while performing his duties according to the law. “I have received verbal notice of my transfer, but no official letter yet. I don’t know the reason for it,” he said. “I believe I have not done anything illegal.”

According to an employee at the Chief Minister’s office, Jha was transferred because he tried to enforce consumer committee work legally without yielding to pressure. “He attempted to work according to the law despite pressures, so he was transferred,” the employee said. “Here, those who work well don’t find it easy; only those who follow leadership’s pressure do. Advancing consumer committees under the law is not wrong.”

Physical Infrastructure Development Minister of Madhesh, Rajkumar Gupta, claimed that Jha’s transfer was done with his consent. “He was transferred to the Provincial and Local Level Reform Project because his skills were needed there. It was with his agreement and there’s no other reason,” said Minister Gupta.

This incident is just one example of the issues encountered while enforcing tasks through consumer committees in accordance with the law. When employees resist pressure, old patterns repeat whereby the Chief Minister’s office or ministries transfer them, or ministries intervene.

Last year, the government led by Satish Singh of Janmat Party dismissed secretary Jakki Ahmad Ansari of the Energy, Irrigation, and Drinking Water Ministry in Madhesh after refusing to split projects for consumer committees. Similarly, Om Sah, then chief of the Infrastructure Development Office in Bara, was summoned by the ministry for refusing MPs’ wishes on consumer committee letter distribution.

The Madhesh government has consistently pressured and transferred employees when work through consumer committees does not suit its interests. Although the consumer committee system has faced criticism for years, the government remains largely unaffected. MPs from all parties have insisted on continuing this system, primarily due to direct personal interests and benefits up to the Chief Minister and MPs.

Currently, offices under the Madhesh government are crowded with MPs, leaders, aides, and contractors eager to receive project letters.

Madhesh Government Risks Persisting Problems

The government’s provision in the Public Procurement Act allows projects up to NPR 10 million to be carried out through consumer committees, based on the belief that using local resources and manpower improves quality, maintenance, and ownership. However, in Madhesh, consumer committee formation is mostly a mere formality and primarily exists to ensure payments.

Legally, consumer committee letters must be sent directly to ward offices, with notices published at least seven days prior and an open meeting held at the project site for committee formation. In practice, however, ministers and MPs or their close associates personally obtain letters from the office and covertly form consumer committees with ward chairs, subsequently awarding contracts to their preferred parties.

This fosters opportunities for nepotism and allegations of receiving commissions from the letters. The budget itself is reportedly drafted with commission deals and intermediaries involved, raising concerns from roads to legislative sessions.

Despite hopes raised by people’s rights movements and election mandates for reform, the Madhesh government is treading the same old path. The current coalition government led by Krishna Prasad Yadav of Nepali Congress unanimously agrees to implement projects through consumer committees.

In fiscal year 2081/082 (2024), the government led by Satishkumar Singh had attempted to discourage consumer committees by stating in the budget that projects should proceed through open competition. However, pressure from CPN-UML, Nepali Congress, and other parties forced the government to backtrack and allow projects up to NPR 5 million via consumer committees. Subsequently, widespread incidents of letter selling and distribution emerged, leading to lockouts in infrastructure offices in Mahottari, Sarlahi, and Saptari.

It was publicly revealed that some letters, meant to be sent from infrastructure offices to ward offices, were distributed through the secretariat of Saroj Kumar Yadav, a CPN-UML parliamentary leader and then Minister of Physical Infrastructure Development. The matter sparked heated debates in the provincial assembly.

Following pressure from opposition parties, including JSP Nepal and CPN Maoist Centre, an investigative committee comprising representatives from all parties was formed on Jestha 22 (June 5), but the report has yet to be made public. Even though these former opposition parties are now part of the government, the methods involving consumer committees have seen little change.

This time too, the Madhesh Provincial Government has decided to implement projects worth up to NPR 2.5 million through consumer committees and has already begun work. Most provincial projects fall below this threshold.

This perpetuates the influence of intermediaries in budget preparation, commission deals during project planning, and widespread awareness of such malpractices from grassroots to parliamentary forums. Moreover, projects worth up to NPR 50 million, allegedly distributed to MPs according to an unofficial parliamentary development fund in Madhesh, are also executed through consumer committees, ensuring the continuation of this system.