Shimla, May 28,
The Himachal Pradesh High Court on Monday issued a notice to the Union of India over the extension granted to Chief Secretary Prabodh Saxena, despite his alleged involvement in a corruption case. The court acted on a petition filed by Atul Sharma, raising serious questions over the Centre’s approval of Saxena’s extension in service.
Take Free HimachalScape Subscription Complete this form
Choose Your Membership
A division bench comprising Chief Justice G.S. Sandhawalia and Justice Ranjan Sharma was hearing CWPIL No. 26 of 2025. The petitioner’s counsel, Senior Advocate Peeyush Verma, argued that under Rule 16 of the All India Services (Death-Cum-Retirement Benefits) Rules, 1958, any extension to an officer beyond retirement age must be justified in the public interest and approved by the Central Government. He alleged that no such justification was provided in Saxena’s case, and the extension was granted despite his involvement in a pending criminal case under the Prevention of Corruption Act.
Verma further pointed to the revised guidelines on vigilance clearance, stating that clearance must be denied if a charge sheet has been filed and prosecution sanctioned. He cited a communication dated February 20, 2025, and a Trial Court order from September 30, 2022, to support the claim that these conditions had already been met in Saxena’s case.
While the matter of the controversial extension was highlighted, the state government also submitted an affidavit through Principal Secretary (Housing) Devesh Kumar regarding the appointment process for the Himachal Pradesh Real Estate Regulatory Authority (HP RERA). The affidavit informed the court that the government had opened the sealed recommendations and intended to finalize the appointments of the Chairperson and two Members following the issuance of a formal notification.
It was also conveyed that the HP RERA office is being relocated to Dharamshala as part of the government’s broader policy to decongest Shimla. Previous shifts of institutions like the PCCF Wildlife Wing, HPTDC, and the Construction Workers Welfare Board were cited in support.
The court granted time to complete the relocation process and finalize appointments as per Rule 18(5) of the HP Real Estate Rules, 2017. However, the bench made it clear that the notification must be issued before the next hearing.
Dasti notice was issued to respondent No.3 (Prabodh Saxena), returnable by June 20. Central Government Counsel Sheetal Vyas and Additional Advocate General Rakesh Dhaulta waived notice on behalf of the Union and the State.
