6-month extension to Himachal chief secy; no further extension allowed, says ASG in HC
The bench was hearing the arguments on a public interest litigation (PIL) filed by one Atul Sharma who has sought the quashing of the extension, arguing that vigilance clearance cannot be granted to an officer facing a corruption case under the Prevention of Corruption Act.
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Saxena, a 1991-batch IAS officer, received a six-month extension on the day of his retirement on March 31. There is a six-month cap on the period of extension granted to government official, and there can be no further extension beyond the said period, Additional Solicitor General (ACG) of India S D Sanjay has submitted in the Himachal Pradesh High Court.
The ASG made the submission before a division bench headed by Chief Justice GS Sandhawalia, which is examining whether a March 28 order granting an extension to Chief Secretary Prabodh Saxena was in violation of Central Service Rules and Department of Personnel & Training (DoPT) guidelines. The bench, also comprising Justice Ranjan Sharma, later listed the matter for September 22.
The bench was hearing the arguments on a public interest litigation (PIL) filed by one Atul Sharma who has sought the quashing of the extension, arguing that vigilance clearance cannot be granted to an officer facing a corruption case under the Prevention of Corruption Act.
A 1990-batch IAS officer, Saxena has been chargesheeted in the INX Media scam and had earlier been granted exemption from personal appearance in the case. He was given an extension of six-month on March 28, barely three days before his retirement. The extension ends on September 30.
Appearing for Union of India, ASG Sanjay submitted that Chief Minister Sukhvinder Singh Sukhu had sought a one-year extension, citing Saxena’s role in key public-interest projects.
“Full justification had been given for his services for executing various projects in the State in public interest. Resultantly, the Competent Authority had granted the extension to the serving Chief Secretary for a period of six months under Rule 16(1) of the All India Services (Death-cum-Retirement Benefit) Rules, 1958,” the ASG submitted.
The ASG further submitted that there is a cap on the period of extension, which is only six months and there can be no further extension beyond the said period in view of the mandatory provisions of the Rules.
During an earlier hearing on August 13, the court had summoned the entire record from the Centre and the State regarding the extension, which was produced on September 4 in a sealed cover.
“We have gone through the same and it is re-sealed and retained by this Court, which will remain in the custody of Registrar General,” the court said, ad deferred thb ematter to September 22.
Meanwhile, in a related matter, the court modified a June 20 order imposing a Rs 5 lakh cost on the state government for the delay in appointing the Himachal Pradesh Real Estate Regulatory Authority (HP RERA) chairman and member.
The court directed that the amount be deposited with the Registrar (Accounts) within a week to be used as part of a relief fund aimed at helping those affected by the state’s recent severe weather conditions.
The court also outlined a structured plan for relief distribution, similar to efforts made in 2023. Donations in cash, clothes, medicines, utensils, and other essentials will be collected from judges, staff, advocates, and district judiciary members. The District Legal Services Authorities will be tasked with identifying affected areas and ensuring distribution. A nodal officer—the Registrar (Accounts)—will oversee collection and distribution in coordination with the State Legal Services Authority.
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