Section 41
Departmental Action And Punishment
(1) If any civil employee or security personnel or any employee of an organization or body owned or controlled by, or
operated with the grant of the Government of Nepal, who has been appointed,deputed or designated in the act of election, including the preparation of Electoral Rolls, or who has the duty to abide by the orders and directions of the Commission does any act deliberately violating the laws in force or orders or directions of the Commission or with any mala fide intention or does any act prejudicial to the impartiality of election in the course of discharging such act, the Commission may, in exercise of the powers of the competent authority under the prevailing laws
relating to the conditions of service of such employee or security personnel take departmental action against, and impose punishment on him or her in accordance with that law.
(2) If any employee or official other than that mentioned in Sub-section (1) does any act in regard to the act of election contrary to the laws in force or directions given by the Commission, the Commission shall write to the concerned body for departmental action against such an employee or official in accordance with the laws in force relating to the conditions of his or her service.
(3) The concerned body shall, if so written to it by the Commission pursuant to Sub-section (2), take departmental action against such employee or official and give information thereof to the Commission.
(4) Any employee who is not satisfied with a decision on departmental action and punishment made by the Commission pursuant to Sub-section (1) may make an appeal to the Appellate Court located in the area where the concerned employee is in service within thirty five days after the date or receipt of the timelimit for appeal against the decision or information of such decision.
operated with the grant of the Government of Nepal, who has been appointed,deputed or designated in the act of election, including the preparation of Electoral Rolls, or who has the duty to abide by the orders and directions of the Commission does any act deliberately violating the laws in force or orders or directions of the Commission or with any mala fide intention or does any act prejudicial to the impartiality of election in the course of discharging such act, the Commission may, in exercise of the powers of the competent authority under the prevailing laws
relating to the conditions of service of such employee or security personnel take departmental action against, and impose punishment on him or her in accordance with that law.
(2) If any employee or official other than that mentioned in Sub-section (1) does any act in regard to the act of election contrary to the laws in force or directions given by the Commission, the Commission shall write to the concerned body for departmental action against such an employee or official in accordance with the laws in force relating to the conditions of his or her service.
(3) The concerned body shall, if so written to it by the Commission pursuant to Sub-section (2), take departmental action against such employee or official and give information thereof to the Commission.
(4) Any employee who is not satisfied with a decision on departmental action and punishment made by the Commission pursuant to Sub-section (1) may make an appeal to the Appellate Court located in the area where the concerned employee is in service within thirty five days after the date or receipt of the timelimit for appeal against the decision or information of such decision.