Shimla, Sept 8
The Himachal Pradesh High court on Wednesday deferred the hearing on a public interest litigation till next two weeks asking State government to file the reply in the case by next hearing .
The PIL moved in August 26 2022 about the matter listed for hearring before the division bench of Chief Justice A A Sayed and justice Joyotsna Rewal Dua today. Counsel for the State plead in the court that charges were not framed in the case against the IAS officer therefore he did not figure in the ODI (officials of doubtful integrity) list. The counsel for the state urged the court to deffer hearing of matter as he would seek instructions from the state before submitting the affidavit, thus the matter was deferred for next two weeks.
The PIL was moved in the high court by a petitioner challenging the filling of ODI list of officers before the court. The petitioner said that an additional Chief Secretary ranked IAS officers who is booked in a corruption case by the CBI was not included in the ODI list filed by Jai Ram Thakur Government in the court.
The Petitioner mentioned that in (PIL 111 /2017) admitted on Court’s own motion High court decided that government of Himachal Pradesh would not post ‘ODI’ on important and sensitive public posts. This said order also stated that state shall also file a ODI list before the court about name and posting of such officers.
Therefore, the petitioner has challenged that Additional Chief Secretary rank IAS who is booked in a corruption case during his tenure in central deputation did not figure in the ODI list despite FIR is pending against him with the CBI in much discuss INX media case.
It is worthwhile to mention that said officer was posted on various key posts in the state bureacray for last five years.
The Public Interest Litigation pointed out that how the State Officials are unable to bring material facts before this Court and have alleged suppression of the same from the Court by filing wrong affidavits. He said that Prabodh Saxena, in violation of instructions dated 23-04 2011 has been posted as ACS of sensitive departments like Personnel, Finance, Planning, Environment and Chairman H.P. Pollution Control Board, which is against Public Interest and also against the orders passed by this Court. That the Chief Secretary H.P. knowing fully well of the pendency of Criminal Proceedings in CBI Court, New Delhi, against Prabodh Saxena , IAS has not included his name in affidavits of 7 ODI list filed in Himachal Pradesh High Court which amounts to perjury and contempt of Court as well .
Now state likely to come up with reply on this case on the next date of hearing which also amounts states track records of defending tainted officers which is under probe by the CBI. CBI have also been asked by the Supreme court to file reply why the role of the IAS was not ascertained in the INX Media case.
