Himachal Pradesh HC Slams State Over RERA Delay and Extension of Chief Secretary: Legal, Constitutional and Ethical Ramifications
Judicial Rebuke: Himachal Pradesh High Court Pulls Up the State Government
On June 7, 2025, the Himachal Pradesh High Court delivered a sharp reprimand to the state government over two controversial issues: the prolonged delay in appointing officials to the Real Estate Regulatory Authority (RERA) and the controversial six-month extension granted to Chief Secretary Prabodh Saxena, who is currently facing a pending charge sheet in the INX Media scam.
During the resumed hearing of a Public Interest Litigation (PIL) filed by Atul Sharma, the division bench comprising Chief Justice Gurmeet Singh Sandhawalia and Justice Ranjan Sharma imposed a monetary penalty on the state and directed the amount to be deposited with the Himachal Pradesh High Court Bar Association by June 25.
Timeline of Delay and Court’s Frustration
The delay in notifying appointments to the RERA body has now been termed by the Court as a case of “administrative apathy”. The bench condemned the state for "playing hide and seek," first justifying delay due to relocation of the RERA headquarters to Dharamshala, and then citing procedural hurdles.
Despite the Selection Committee having made its recommendations earlier this year, the state government had failed to notify the appointments. The Court has now ordered the state to issue a notification by June 25, warning that failure to do so would be treated as "deliberate obstruction of justice."
The Controversial Extension of Chief Secretary Prabodh Saxena
In addition to the RERA delay, the PIL also challenged the March 28, 2025 order that granted Chief Secretary Prabodh Saxena a six-month extension, despite an active CBI charge sheet against him.
According to the petition, Saxena is an accused in the INX Media scam, alongside former Finance Minister P. Chidambaram and his son Karti Chidambaram. The Special Judge, Anti-Corruption Court, Rouse Avenue, New Delhi, had acknowledged the charge sheet on October 21, 2019. Furthermore, the CBI confirmed the continued pendency of the case in a letter dated January 23, 2025.
As per Central Civil Services (Conduct) Rules and DoPT guidelines, no officer facing charges under the Prevention of Corruption Act should receive vigilance clearance or tenure extension.
Constitutional and Legal Basis: Powers of the Chief Secretary
The Chief Secretary is the senior-most IAS officer in a State, and acts as the chief coordinator between the state government and central authorities. While the post is primarily administrative, its legal foundation is rooted in Articles 162 and 166 of the Constitution of India.
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Article 162 empowers the State Executive to exercise functions as prescribed by the Constitution and state laws.
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Article 166 deals with the conduct of business of the State Government, authorizing the Chief Secretary to authenticate orders and decisions.
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The Rules of Business of State Government vest the Chief Secretary with broad administrative duties including inter-departmental coordination, crisis management, personnel policy, and policy implementation oversight.
While the Constitution does not explicitly define the term "Chief Secretary", the post derives authority from statutory and customary rules of governance and operates under the direct authority of the Chief Minister.
INX Media Scam and Saxena's Involvement
From April 2008 to July 2010, Saxena served as Director in the Department of Economic Affairs, which supervised the Foreign Investment Promotion Board (FIPB) — the key approving body during the alleged financial irregularities in the INX Media case.
The PIL pointed out that Saxena has been chargesheeted and even received an exemption from personal appearance on September 30, 2022. Despite this, his tenure was extended — raising serious concerns about the integrity of administrative processes.
Political Reactions and Fallout
Former Himachal CM and Leader of Opposition Jai Ram Thakur condemned the government, stating:
“The state government stands totally exposed – whether it’s the RERA appointment, police recruitment scam or teacher training selections.”
He added that the Rs 5 lakh penalty imposed by the court marked an unprecedented blow to the credibility of the current administration.
What Comes Next?
The High Court has scheduled June 25 as a critical date:
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Notification for RERA appointments must be issued.
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Interim relief regarding Saxena’s extension will be evaluated.
The judiciary’s involvement has ensured that constitutional norms and administrative fairness remain under active scrutiny.
Conclusion: Judicial Oversight as a Check on Arbitrary Power
This case exemplifies the critical role of the judiciary in upholding public accountability and challenging executive overreach. From delayed appointments to unlawful tenure extensions, the Himachal Pradesh High Court's order reaffirms that state power cannot operate in a legal vacuum.
By demanding timelines, imposing penalties, and scrutinizing administrative inaction, the Court has upheld the spirit of constitutional governance and public interest — setting a precedent for transparency, vigilance clearance norms, and institutional ethics.
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