गाउँको दूरदराजदेखि काठमाडौंको सिंहदरबारसम्म

Kathmandu , The post of Chairperson of the Telecommunications Sector Appellate Committee, which is responsible for hearing appeals and delivering final verdicts on major telecom-related cases, has remained vacant for the past two years. As a result, an appeal filed by Ncell (Axiata Limited) against a decision ordering it to refund more than NPR 1.13 billion in compensation to consumers and pay an additional fine of NPR 500,000 has not even entered the hearing stage.

Due to the absence of a chairperson, appeals involving billions of rupees, including the high-profile Ncell case, have been stalled indefinitely.
Legal provisions ignored
According to Section 48 of the Telecommunications Act and Rule 27 of the Telecommunications Regulations, the chairperson of the Appellate Committee must be either a judge of the High Court or a senior official from the Nepal Judicial Service. However, the Judicial Service Commission has failed to appoint a chairperson, effectively paralyzing the committee.

From 20-year-old cases to Ncell’s billion-rupee appeal gathering dust
Because of the prolonged vacancy, appeal-related files have remained shelved at the Ministry of Communications and Information Technology. These include cases that are more than 20 years old as well as Ncell’s four-year-old appeal against the order to refund over NPR 1.13 billion to consumers.

Ministry followed up, Commission failed to act

The Ministry of Communications and Information Technology formally informed the Ministry of Law in 2080 BS (2023/24) about the vacant post. A follow-up letter was sent again on 2081/8/2. Subsequently, the Ministry of Law, Justice and Parliamentary Affairs wrote to the Judicial Service Commission on 2081/8/13 (Letter No. 125), requesting the appointment of a chairperson.

Despite this, the Judicial Service Commission has not made any appointment. Although the issue was included as an agenda item in one commission meeting, no decision was taken, and the matter has since remained unresolved.

Commission Joint Secretary Ram Prasad Bhattarai said the issue would be tabled again in the next meeting. “As most of us are new, we will brief the chairperson and members,” he said.

Law Ministry’s own letter ignored
The Chief Justice serves as the chairperson of the Judicial Service Commission, while the Law Minister, the senior-most Supreme Court justice, the Chairperson of the Public Service Commission, and the Attorney General are members. The current Law Minister, Anil Kumar Sinha, is also a member of the commission. The fact that the commission has ignored the Law Ministry’s own request for two years has raised serious questions.

Although the law allows for the appointment of a High Court judge or a senior judicial official, past practice shows that the Secretary of the Judicial Service Commission has often been appointed as chairperson. Previously, Commission Secretary Devendra Dhakal served as chairperson of the Appellate Committee. After he was appointed Chief Registrar of the Supreme Court on Poush 18, 2080, the chairperson’s post became vacant. Despite the appointment of three new commission secretaries since then, none has been designated as chairperson.
‘Deliberate delay strategy’ in Ncell appeal?
Ncell filed its appeal in 2078 BS against the Nepal Telecommunications Authority’s decision ordering it to refund NPR 1.13 billion and pay a fine. Even during Devendra Dhakal’s tenure as chairperson, no decision was made on the appeal, with the case repeatedly adjourned.
This has strengthened suspicions that influence and power may have been misused to delay proceedings in a case involving such a large sum. The continued delay in appointing a chairperson is now being viewed through the same lens.
What is the Ncell billion-rupee scam?
Ncell generated over NPR 12 billion in revenue by operating two services—“App Gallery” and “GameSoft.” The Nepal Telecommunications Authority concluded that consumers were cheated of NPR 1.13 billion through an auto-renewal system. Based on the recommendation of an investigation committee formed after consumer complaints, the authority ordered Ncell to refund the amount and pay a fine of NPR 500,000.
Ncell subsequently filed an appeal against this decision.
Attempts to obtain a response from Ncell spokesperson Bishakha Laxmi Khadka were unsuccessful, as she could not be reached for comment.