Shimla: The Union government has made a crucial submission before the Himachal Pradesh High Court, clarifying that the service extension of a government officer cannot exceed six months as per existing rules.
This statement came amidst ongoing judicial scrutiny of the extension granted to Chief Secretary Prabodh Saxena, an IAS officer of 1990 batch, who is facing allegations related to the INX Media scam.
Extension Limit Capped at Six Months, Says Union Government
Additional Solicitor General (ASG) S D Sanjay appeared before a division bench headed by Chief Justice G S Sandhawalia and Justice Ranjan Sharma to submit that no extension beyond six months is permissible under Rule 16(1) of the All India Services (Death-cum-Retirement Benefit) Rules, 1958. This submission counters the request by Himachal Pradesh Chief Minister Sukhvinder Singh Sukhu, who had sought a one-year extension for Saxena citing his key role in executing major public interest projects in the state.
ASG Sanjay stressed that although the Chief Minister recommended a longer tenure, the competent authority sanctioned only a six-month extension, which is the maximum allowed by law.
PIL Challenges Extension on Grounds of Vigilance Clearance and Corruption Charges
The extension order dated March 28, 2025, granting Chief Secretary Saxena’s service extension until September 30, 2025, is under judicial challenge via a Public Interest Litigation (PIL) filed by Atul Sharma. The PIL argues that vigilance clearance should not be granted to an officer facing corruption charges under the Prevention of Corruption Act, referencing Saxena’s involvement in the INX Media scam case where he has been chargesheeted.
The bench is examining whether the extension violates the Central Service Rules and guidelines from the Department of Personnel & Training (DoPT). Saxena, an IAS officer of the 1990 Himachal Pradesh cadre, was originally set to retire on March 31, 2025, but was extended for six months three days prior.
Court Retains Confidential Records; Next Hearing Scheduled for September 22
During an earlier hearing on August 13, the High Court had summoned all documents related to Saxena’s extension from both the Union and State governments. These were submitted in a sealed cover on September 4 and remain in the court’s custody. The matter has now been adjourned to September 22 for further hearing.
Related Order on State Government’s Delay in HP RERA Appointments
In a related development, the court modified a June 20 order that had imposed a Rs 5 lakh cost on the Himachal Pradesh government for delay in appointing the Himachal Pradesh Real Estate Regulatory Authority (HP RERA) chairman and member. The court directed that the fine be deposited with the Registrar (Accounts) within a week and used as a relief fund for victims of recent severe weather events in the state.
The court outlined a structured relief distribution plan, involving collection of cash, clothes, medicines, utensils, and other essentials from judges, court staff, advocates, and the district judiciary. The District Legal Services Authorities will identify affected areas for distribution, with the Registrar (Accounts) appointed as the nodal officer coordinating with the State Legal Services Authority.
