File additional affidavit on extension given to Chief Secretary: High Court to state

The Himachal Pradesh High Court has directed the state government to file an additional affidavit placing on record the consequential order passed after the Central Government approved extension in service on March 28, 2025, to Prabodh Saxena as Chief Secretary of the state government.

During the course of arguments, while referring to Rule 16 of the All India Services (Death-Cum-Retirement Benefits), Rules, 1958, the counsel for Saxena referred to the third proviso of the said rule, whereby the the state government has to make recommendations with full justification and in public interest.

In view of this contention, the Advocate General prayed for time to file a specific affidavit to this effect whether the recommendation made admittedly by the Chief Minister in the present case would fall within the parameters of the said rules.

A Division Bench comprising Chief Justice Gurmeet Singh Sandhawalia and Justice Ranjan Sharma passed the order on a public interest litigation (PIL) filed by Atul Sharma seeking the quashing of extension given to Prabodh Saxena as Chief Secretary on the ground that it was given in clear violation of the Central Services Rules and the guidelines of the Department of Personnel and Training (DoPT).

The petitioner further contended that the revised guidelines regarding the grant of Vigilance clearance provide that it was to be denied if an investigating agency had filed a chargesheet in a criminal case and the case was pending, and the sanction for prosecution had been granted by the competent authority in a case under the Prevention of Corruption Act, 1988, or any other criminal matter and the case was pending in the trial court.

During the course of hearing in compliance with the previous order passed by the court, the Additional Solicitor General of India stated that the record pertaining to the extension had been dispatched from New Delhi and would likely to reach within a day. On this, the court observed that “keeping in view the fact that the Dasehra break is going to start, let the record be produced before the Registrar General, who shall retain a photocopy of the same, in a sealed cover. The original record in a sealed cover be handed over to the official concerned. The matter is listed for further hearing on October 13.”