Himachal, Central Government issued notice over extension to Chief Secretary

The HP High Court has issued a notice to the state and Central governments and Chief Secretary Prabodh Saxena on a petition seeking the quashing of extension given to Saxena on the ground that it was done in violation of the Central Services Rules and the guidelines of the Department of Personnel and Training (DoPT).

A Division Bench comprising Chief Justice GS Sandhawalia and Justice Ranjan Sharma passed the order on a petition filed by Atul Sharma, who contended therein that the revised guidelines regarding the grant of vigilance clearance provide that it could be denied if a chargesheet had been filed in court by an investigating agency in a pending criminal case and the competent authority had granted sanction for prosecution in a case under the Prevention of Corruption Act, 1988, (as amended in 2018) or any other criminal matter pending in a trial court.

The petitioner alleged that Saxena was facing a criminal case under the provision of the Prevention of Corruption Act, 1988, and the vigilance clearance was given to him in violation of the prevailing norms.

In compliance with the previous order wherein the court had asked about the status of the appointments of the Chairperson and two Members of the Himachal Pradesh Real Estate Regulatory Authority (HPRERA), Devesh Kumar, Principal Secretary (Housing), had filed an affidavit clarifying that the state government was under obligation to act as per the rules and the recommendations, regarding the appointment to the two posts. Saxena has applied for the post of the Chairperson of the HPRERA.

It was averred in the affidavit that the state government had decided to relocate the said office to Dharamsala and again submitted the matter for the finalisation of the appointments, following the issuance of a formal notification. The same is said to be a policy decision to decongest Shimla, while referring to the other offices that have been shifted from Shimla i.e. of Principal Chief Conservator of Forests, Wildlife Wing, Himachal Pradesh Tourism Development Corporation (HPTDC) and the Himachal Pradesh Building and Other Construction Workers Welfare Board.

After perusing the same on the request of the counsel for the state government, the court granted it more time to complete all requisite formalities, including the issuance of the notification for relocation and the finalisation of appointments as per the Rule 18(5) of the Himachal Pradesh Real Estate (Regulation and Development) Rules, 2017.

While granting time, the court observed that “we defer the proceedings with an understanding that on the next date of hearing, the necessary notification will be issued to complete all codal formalities.” The court listed the matter for further hearing on June 20.

Himachal Tribune