Shimla (Himachal Pradesh) [India], September 6 : The Himachal Pradesh High Court has deferred to September 22 the hearing on a public interest litigation (PIL) challenging the six-month extension granted to Chief Secretary Prabodh Saxena, while also allowing the state government to redirect a previously imposed fine of Rs 5 lakh towards a High Court-administered disaster relief fund.
A division bench of Chief Justice GS Sandhawalia and Justice Ranjan Sharma is examining whether the March 28 order granting Saxena an extension was in violation of Central Service Rules and Department of Personnel & Training (DoPT) guidelines.
The Union of India, in its reply, confirmed that Chief Minister Sukhvinder Singh Sukhu had sought a one-year extension, citing Saxena's role in key public-interest projects. However, the competent authority approved only six months, citing the cap under Rule 16(1) of the All India Services (Death-cum-Retirement Benefit) Rules, 1958.
Petitioner Atul Sharma 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. Saxena, a 1990-batch IAS officer, is chargesheeted in the INX Media scam and had earlier been granted exemption from personal appearance in the case.
On August 13, the court summoned the entire record from the Centre and the State regarding the extension, which was produced on September 4 in a sealed cover and retained by the court. The matter will be heard next on September 22, after counsel for Saxena sought more time.
In a separate order, the High Court modified its June 20 direction 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 bench directed that the amount be deposited with the Registrar (Accounts) within a week for use in a relief initiative for victims of this year's severe weather.
The court's disaster relief drive mirrors a similar effort in 2023, calling for voluntary contributions in cash, clothing, medicines, and utensils from judges, court staff, and advocates. The Secretaries of the District Legal Services Authority (DLSA) will identify affected areas for distribution, with funds disbursed via the State Legal Services Authority.
"The proposal is that the Secretaries of the DLSA of all districts will identify certain spots in their respective districts for distribution of the relief amount from voluntary donations... which may go a long way to ameliorate the affected people of the state," the order stated.
The Registrar (Accounts) has been appointed as the nodal officer for receiving cash contributions, while DLSA secretaries will oversee on-ground delivery to those most in need.