SHIMLA: The Himachal Pradesh High Court expressed strong discontent with the state government on Friday regarding two significant administrative failures: delays in appointing members to the Real Estate Regulatory Authority (RERA) and an unexpected six-month extension for Chief Secretary Prabodh Saxena, despite a pending CBI charge sheet against him.
The High Court remarked, “The government is playing hide and seek,” as it reprimanded the state for its non-compliance, demanding action by June 25.
During a Public Interest Litigation (PIL) hearing, Chief Justice Gurmeet Singh Sandhawalia and Justice Ranjan Sharma imposed a penalty (specific amount to be detailed later) on the state government, directing that it be deposited with the Himachal Pradesh High Court Bar Association by June 25.
“The government makes excuses, first citing the relocation of RERA headquarters to Dharamshala and then citing procedural delays for appointments,” stated the bench, showing irritation at what it viewed as an intentional hindrance to justice.
Despite previous inquiries on May 9 regarding the notifications for appointments, the bench noted no affirmative action from the government. They categorized the state’s behavior as “administrative apathy,” deeming its explanations as “unsatisfactory.”
The court has mandated the state to issue the notifications for the Chairman and Member positions of RERA by June 25, warning that failure to do so will be considered a deliberate obstruction of justice.
During the court session, the state reported that one RERA member had been appointed, while the Chairman and a second member’s appointments were still under review. This was dismissed by the bench as unacceptable excuses.
The PIL was filed by Atul Sharma, who has also contested the state’s March 28, 2025 decision to extend Chief Secretary Prabodh Saxena’s tenure by six months, despite his status as an accused in a CBI corruption investigation.
Sharma informed the court of a CBI charge sheet against Saxena, acknowledged by the Special Judge, Anti-Corruption Court, Rouse Avenue, New Delhi, on October 21, 2019, and reaffirmed in a January 23, 2025 letter from the CBI.
He argued that the extension violates Central Civil Services Rules and the Department of Personnel and Training (DoPT) guidelines, which do not allow for vigilance clearance for officers facing charges under the Prevention of Corruption Act.
The PIL noted that Saxena had previously been chargesheeted in the high-profile INX Media scandal, involving former Union Finance Minister P. Chidambaram and his son, Karti Chidambaram. The petition mentioned that Saxena was granted exemption from appearing in person in this case on September 30, 2022.
Between April 2008 and July 2010, Saxena served as Director of the Department of Economic Affairs (DEA), which included oversight of the Foreign Investment Promotion Board (FIPB), responsible for approving Foreign Direct Investment (FDI) proposals during that period.
The High Court had previously, on May 9, requested a detailed affidavit from the state government explaining the “specific reasons” for the delay in notifying the Selection Committee’s recommendations for RERA appointments.
The bench clarified that in light of public interest, if the appointment notifications have not been issued, an affidavit should be presented detailing why and the reasons for withholding the recommendations.
Additionally, the court stated that interim relief against Saxena’s extension will be addressed in the next hearing on June 25.
Meanwhile, former Chief Minister and Leader of Opposition Jai Ram Thakur criticized the state government at a Shimla press conference, stating: “The Himachal Pradesh government is completely exposed… regarding appointments to RERA, police recruitment scams, and nursery teacher training selections. The recommendation for RERA was submitted, yet the government took no action. The High Court has now imposed a Rs 5 lakh cost—an unprecedented move. The government must answer to the public for this level of administrative failure.”
