Letter to Power Secretary questions legality of reappointing retired IAS officer Prabodh Saxena
Shimla, Nov 9
The recent reappointment of retired Chief Secretary Prabodh Saxena as Chairman of the Himachal Pradesh State Electricity Board Limited (HPSEBL) has sparked controversy, with a formal representation now seeking the withdrawal of the government’s notification dated September 30, 2025.
A letter addressed to the Secretary (MPP & Power), Government of Himachal Pradesh, by a Shimla resident Atul Sharma, has raised serious objections to the move, terming it illegal, contradictory to court orders, and in violation of service norms. The complaint has also been marked to the Chief Secretary and the Secretary (Personnel) for necessary action.
The letter’s objections
In his representation, Sharma pointed out that the re-employment notification violates the orders of the Himachal Pradesh High Court in CWPIL No. 210 of 2017, decided on December 19, 2017. He argued that the said judgment restricts post-retirement appointments of senior officers in certain cases, particularly where vigilance clearance or integrity certificates are not granted.
The letter further claims that Saxena’s vigilance clearance was denied by the government, and hence, his re-appointment “is in violation of the revised Department of Personnel and Training (DoPT) guidelines dated October 9, 2024.” The communication terms the reappointment as “illegal and in contradiction to the spirit of Chapter 22 of the Handbook of Personnel Matters” and warns that if the notification is not withdrawn, legal remedies will be pursued.
Background: From Chief Secretary to HPSEBL Chief
Saxena, a 1990-batch IAS officer of the Himachal cadre, retired as the state’s Chief Secretary on September 30, 2025, after a six-month extension earlier in the year. In an unusual move, the same day, the government issued a notification appointing him as the Chairman of HPSEBL for three years, granting him rank and privileges “equivalent to Chief Secretary.”
The appointment came shortly after the state government shifted senior IAS officer Sanjay Gupta (1988 batch), who previously held the HPSEBL chair, to the Himachal Pradesh State Pollution Control Board, before giving him additional charge as Chief Secretary.
This rapid sequence of bureaucratic reshuffling raised eyebrows in administrative circles and drew scrutiny from various quarters for its timing and procedural propriety.
Legal and administrative implications
Earlier, both the Central and State governments had been issued notices by the Himachal Pradesh High Court regarding the extension granted to Saxena while he was serving as Chief Secretary. Petitioners had questioned the move in light of a pending vigilance inquiry, arguing it went against established DoPT norms.
With the fresh appointment at HPSEBL, the controversy has deepened, as the new posting could potentially be viewed as circumventing earlier judicial scrutiny. Legal experts say that if vigilance clearance was indeed withheld, the reappointment could amount to non-compliance with service and administrative law precedents.
The appointment also revives debate about post-retirement placements of senior bureaucrats in public sector undertakings. Critics argue that such decisions — especially made immediately upon superannuation — can undermine transparency and accountability in governance.
Given that HPSEBL oversees electricity generation and distribution across Himachal Pradesh, its leadership carries substantial policy and operational influence. Opposition voices and retired bureaucrats have expressed concern that political patronage may be overtaking merit in critical public appointments.
The Power Secretary has yet to respond to the complaint. However, if no action is taken, the petitioner has indicated plans to approach the High Court seeking judicial intervention.
With the matter already linked to prior litigation over service extensions and reappointments, the case is likely to become a fresh test of administrative propriety, vigilance compliance, and separation of post-retirement powers in Himachal’s bureaucracy.
About the Author
The HimachalScape Bureau comprises seasoned journalists from Himachal Pradesh with over 25 years of experience in leading media conglomerates such as The Times of India and United News of India. Known for their in-depth regional insights, the team brings credible, research-driven, and balanced reportage on Himachal’s socio-political and developmental landscape.
