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Section 44
Departmental action

(1) Any civil servants, security personnel or employees of the Government of Nepal or Provincial Government or local level employees or owned by the Government of Nepal or Provincial Government, who are appointed, assigned or designated for election work by the Commission or have the duty to follow the orders and instructions of the Commission. If an employee of an organization under the control or under the grant of the Government of Nepal intentionally violates the prevailing law or the order or instructions of the Commission in the course of performing such work, or if any action is taken with malice or which affects the fairness of the election, the Commission shall punish such employee, security personnel according to the prevailing law regarding their service conditions. Departmental action can be taken using the authority of the authority.
(2) If any employee or official other than what is written in sub-section (1) takes any action contrary to the prevailing law or the instructions given by the Commission in relation to election work, the Commission shall send a written notice against such employee or official to the relevant agency for departmental action in accordance with the prevailing law regarding his service conditions.< br> (3) If written by the Commission according to sub-section (2), the relevant body shall take departmental action against such employee or official within three months and inform the Commission accordingly.
(4) An employee who is not satisfied with the decision related to the departmental action taken by the Commission in accordance with sub-section (1) may appeal to the relevant High Court within thirty-five days from the date of receipt of the deadline for appeal or the date of receipt of information on such decision.