(1) In appointing, transferring or promoting
gazetted officers of the Federal Judicial Service or taking departmental action
concerning such officers in accordance with law, the Government of Nepal shall
act on recommendation of the Judicial Service Commission.
Provided that in making new permanent appointments to gazetted posts of
the Federal Judicial Service from persons who are not already in the Federal
Government Service or making promotions from non-gazetted posts of the Federal
Judicial Service to gazetted ones of that Service, the Government of Nepal shall
act on the recommendation of the Public Service Commission.
Explanation: For the purposes of this Article, the Public Service
Commission shall hold open and internal competitive examinations to be held for
appointments to Gazetted posts of the Federal Judicial Service.
(2) The Judicial Service Commission shall consist of the following as its
chairperson and members:
(a) The Chief Justice – Chairperson
(b) The Federal Minister for Law and
Justice
– Member
(c) The senior most Judge of the
Supreme Court
– Member
(d) The Chairperson of the Public
Service Commission
– Member
(e) The Attorney General – Member
(3) Other functions, duties, powers and procedures of the Judicial
Service Commission shall be as provided for in the Federal law.