The Himachal Pradesh High Court has dismissed a petition that challenged the six-month service extension granted to former Chief Secretary Prabodh Saxena, ruling that the central government’s decision did not warrant judicial interference.
The Himachal Pradesh High Court on Friday dismissed a petition challenging the six-month extension granted earlier this year to former Chief Secretary Prabodh Saxena, holding that the decision of the Centre did not warrant judicial interference.
A Division Bench comprising Chief Justice GS Sandhawalia and Justice Ranjan Sharma, while pronouncing the order, stated, “We decline to interfere in the decision-making process regarding the extension granted and the discretion which was exercised by respondent No.1 (Government of India) to grant the benefit of a months extension.”
Saxena’s extended tenure ended on September 30, following which he was appointed Chairman of the Himachal Pradesh State Electricity Board (HPSEB) for a term of three years. Prabodh Saxena, a 1990-batch IAS officer, was originally scheduled to retire on March 31. He was granted a six-month extension in March this year, a development he himself disclosed during a farewell dinner hosted by the Himachal IAS Officers Association on March 28. Considered close to Chief Minister Sukhvinder Singh Sukhu, Saxena had taken charge as the state’s Chief Secretary on December 31, 2022.
Arguments Against Extension
The petition filed by advocate Atul Sharma sought quashing of the extension, arguing that it violated Central Service Rules and DoPT guidelines. The petitioner submitted that vigilance clearance should not have been granted since Saxena is an accused in a corruption case under the Prevention of Corruption Act related to the INX Media case. He pointed out that a chargesheet had already been filed and that Saxena had been granted exemption from personal appearance by the trial court on September 30, 2022.
Saxena faces charges for decisions taken during his tenure as Director in the Department of Economic Affairs (DEA) between April 2008 and July 2010, when the Foreign Investment Promotion Board (FIPB), responsible for clearing FDI proposals, functioned under the same department. Former Union finance minister P. Chidambaram and his son Karti Chidambaram are also accused in the case.
Court Upholds Centre’s Discretion
The High Court, however, held that the Centre acted within its powers under Rule 16 of the All India Services (Death-Cum-Retirement Benefits) Rules, 1958. The order noted,”Once the Competent Authority was apprised with the background of the case pertaining to respondent No.3 (Prabodh Saxena) and keeping in view the exigencies and the requirements of the State stressed by the Chief Minister… the extension which was granted was within the ambit of Rule 16 of the Rules, 1958, and therefore, is not liable to be interfered with under Article 226.”
During the hearings, the Union Government informed the court that Chief Minister Sukhu had recommended a one-year extension, citing ongoing state projects and public interest considerations. The Centre eventually granted a six-month extension after assessing the request and circumstances.
With the court dismissing the petition, the order effectively affirms the Centre’s discretion in granting the extension and closes the legal challenge against Saxena’s tenure extension. (ANI)
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