CIAA Nepal | Commission for the Investigation of Abuse of Authority (CIAA)

The Commission for Investigation of Abuse of Authority (CIAA) (Nepali: अख्तियार दुरुपयोग अनुसन्धान आयोग) is an apex constitutional body for corruption control for the Government of Nepal.

The Constitution of Nepal has empowered CIAA To investigate and probe cases against the persons holding any Public office and their associates who are indulged in the abuse of authority by way of corruption and/or improper conduct.

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CIAA Nepal

What are the functions of CIAA in Nepal?

CIAA carries out its function and duties pursuant to the constitution of Nepal. Subject to the procedure laid down in the CIAA Act 2048 and its rules 2048. The Constitution of Nepal has specified the functions and duties of CIAA.

The functions of CIAA in Nepal are as follows,

• Investigation and prosecution of the official holding public posts concerning the allegation of abuse of power.
• Admonishing or forwarding recommendations for departmental or any other appropriate actions against persons found to have abused power.
• Filing of cases in the court of law against a person or person alleged to have abused power through indulgence in acts of corruption.
• Recommending changes or modifications to laws if they are deemed irrelevant, ineffective, and inappropriate.
• Recommending changes or improvements in the working procedure of the Nepal government or other institutions.
• Preparing an annual report documenting and analyzing the activities of the commission and making a submission of such a report to the Nepal government.

Role of CIAA to control corruption

Prevention of corruption is one of the fundamental functions of CIAA. The commission is the sole authority to investigate, prosecute, and bring suits to the court against officials charged with corruption or maladministration.

The role of the CIAA as an institution to prevent corruption is very important. The commission receives complaints, takes Suo Moto cognizance of the corrupt practices, and conducts an investigation against acts of corruption or improper conduct.

There have been rapid rises in the number of complaints received or taken by Suo Moto cognizance by the commission for the investigation of the abuse of authority. This is an indication of the increasing role of the CIAA.

The commission conducts a preliminary investigation on the substantiality of complaints in reference to their nature, the jurisdiction of the commission, the gravity of the offense, and other relevant aspects.

The CIAA initiates an investigation against any public officials if a complaint is lodged either in writing or by the media or through any sources relating to allegations of abuse of authority.

CIAA Investigation

The investigation by CIAA is performed in two different stages.

• Preliminary investigation
• Detailed investigation

During the preliminary investigation, complaints are analyzed with regard to their utility, probability of truthfulness, and the availability of minimum evidence at this stage, it is necessary to collect as much evidence as may be required to establish the case.

If the commission finds a prima facia case in its preliminary investigation, an investigation officer is appointed for the detailed investigation.

The investigator appointed makes inquiries, analyzes the findings, and submits the report of findings to the commission.

If the commission, upon its review, finds the report unsatisfactory, it may instruct or order the investigation officer to continue with the investigation on specific issues or to find out more details, or it may suggest a field visit or even appoint another investigation officer.

Report to the CIAA is analyzed and discussed in the commission regarding the degree of seriousness, the nature of the abuse of power, the available evidence, and supporting documentation.

CIAA Dismissal of Complaint

The CIAA Rules 2048 provides for the dismissal of the complaints if any of the following situations exist.

• The complaint about improper conduct does not comply with the specified format.
• The person complaining about improper conduct remains unidentified.
• Other legal remedies are not exhausted.
• The person complaining about abuse of power does not have the legal standing to do so.
• The complaint has crossed the time limitation prescribed by law.
• The complaint is not within the jurisdiction of the CIAA.
• The issue is under consideration in a court of law.
• The complaint is false.
• The complaint is not specific.

Any public officer who has been charged with the offense or arrested on the offense shall be suspended from his services until the period pending the trial. CIAA act 2048 sec 4 and 6 have a provision regarding the jurisdiction of CIAA.

Similarly’ the constitution of Nepal has given the CIAA the power to investigate and prosecute cases of corruption against any officials.

Sec 4(3) of the CIAA act provided that the following categories of persons are excluded from the jurisdiction of the CIAA.

• Prime Minister
• Army Officials
• Diplomatic Person
• Foreign Official
• Ministers and Judges

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