Shimla, May 24
The proposed regular appointment or possible extension of officiating Chief Secretary Sanjay Gupta has triggered fresh political and legal controversy in Himachal Pradesh, with the Communist Party of India (Marxist) urging Chief Minister Sukhvinder Singh Sukhu not to elevate him to the state’s top bureaucratic post.
In a confidential letter addressed to the Chief Minister, CPI(M) state secretary Sanjay Chauhan appealed to the government to reconsider any move to grant regular appointment or extension to Gupta, contending that serious allegations and pending criminal cases against the officer were already under judicial scrutiny.
The development comes close on the heels of a recent Himachal Pradesh High Court order in CWPIL No. 44 of 2026, wherein a Division Bench comprising Chief Justice G.S. Sandhawalia and Justice Bipin Chander Negi issued notices to the state government, Union of India and Sanjay Gupta on a public interest litigation challenging his appointment as Chief Secretary.
The PIL, filed by Tilak Raj Sharma, a correspondent associated with vernacular daily Dainik Savera, alleged that three FIRs were pending against Gupta, including cases registered under provisions of the Prevention of Corruption Act. Court records placed before the Bench referred to FIRs registered by the State Vigilance and Anti-Corruption Bureau in 1996 and 2009.
In its letter to the Chief Minister, CPI(M) stated that the High Court had already taken cognizance of issues concerning “institutional integrity” while entertaining the PIL against Gupta’s appointment. The party argued that entrusting regular charge of the Chief Secretary’s office to an officer facing vigilance and criminal scrutiny could adversely affect public confidence in governance.
Also Read
HP police lodges FIR on defamation complaint by HP Govt Officer
The party has also publicly targeted Gupta over his alleged role in the controversial Chester Hills project and demanded his removal. However, Gupta has denied the allegations. The matter had also witnessed administrative action earlier after the Real Estate Regulatory Authority (RERA), headed at that time by former Chief Secretary R.D. Dhiman, imposed a penalty reportedly amounting to Rs 47 lakh on the project developers.
Another petition filed earlier by advocate Vinay Sharma had also sought judicial scrutiny regarding alleged quid pro quo in a land transaction linked to firms associated with the project. Gupta had denied those allegations as well.
The controversy has once again brought focus on successive governments allegedly overlooking pending vigilance or criminal proceedings while making appointments to top constitutional and bureaucratic posts.
Successive governments in Himachal Pradesh have repeatedly faced criticism over the appointment and continuation of senior bureaucrats despite pending vigilance inquiries, FIRs or investigations by agencies such as the CBI and the State Vigilance and Anti-Corruption Bureau. Critics argue that political dispensations, irrespective of party affiliation, have often prioritized administrative convenience and political confidence over the principle of institutional integrity while making appointments to sensitive constitutional and administrative positions.
The issue has resurfaced several times in the state’s administrative history. Former Chief Secretary Prabodh Saxena had continued on the top bureaucratic post despite being named in the INX Media-related CBI investigation, while more recently questions have also been raised over the appointment of H S Bewaja, officiating Vice-Chancellor of Dr Y.S. Parmar University of Horticulture and Forestry, Nauni, despite a pending CBI case and FIR against him.
Legal experts maintain that mere registration of an FIR does not amount to conviction; however, public interest litigations challenging such appointments have increasingly relied upon the doctrine of “institutional integrity,” particularly in appointments to highly sensitive public offices.
Political observers point out that previous governments, including both Congress and BJP regimes, had faced criticism over similar appointments involving senior bureaucrats despite pending investigations or FIRs.
About the Author
