Shimla, Sept 25,
The Himachal Pradesh High Court on Wednesday directed the State government to file a specific affidavit clarifying whether the recommendation made by the Chief Minister for extending the tenure of Chief Secretary Prabodh Saxena falls within the parameters of Rule 16 of the All India Services (Death-cum-Retirement Benefits) Rules, 1958.
The matter came up before a division bench comprising Chief Justice Gurmeet Singh Sandhawalia and Justice Ranjan Sharma while on the third consective day of hearing connected PILs challenging Saxena’s six-month extension and vigilance clearance. Senior advocate Shrawan Dogra, appearing for Saxena, drew the court’s attention to the third proviso of Rule 16, which requires that such recommendations be made by the State government with full justification and in public interest.
Following this, Advocate General Anup Rattan sought time to place on record an affidavit clarifying whether the Chief Minister’s recommendation met the requirements of the said Rule.
Additional Solicitor General S.D. Sanjay informed the bench that the original record from Delhi had been dispatched and was expected to arrive by September 25. The court directed that once received, the record be produced before the Registrar General, who shall retain a photocopy in a sealed cover, while the original shall be handed back to the concerned official.
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The bench further directed the State to file an additional affidavit placing on record the consequential order issued after the Central Government approved the extension on March 28, 2025.
In view of the upcoming Dussehra break, the proceedings were deferred to October 13, 2025.
Meanwhile, Saxena’s six-month extension as Chief Secretary, which is under judicial scrutiny, is set to expire on September 30, 2025.