Shimla: The high-profile 2007 INX Media corruption case has come back to haunt Prabodh Saxena, whose six-month extension as Himachal Pradesh’s chief secretary has been challenged in the high court on the ground that he faces prosecution under the Prevention of Corruption Act.
Former Union minister P. Chidambaram was arrested by the CBI in connection with the INX Media case in 2019.
Hearing a Public Interest Litigation Wednesday against Saxena’s extension in service, a division bench of Chief Justice G.S. Sandhawalia and Justice Ranjan Sharma directed the state government to explain whether its request for the extension was the chief minister’s sole decision or the will of the Council of Ministers.
The court fixed 13 October as the next date of hearing.
Sources, meanwhile, told ThePrint that while a proposal to further extend the tenure has been moved, it has not yet been made public. All eyes are now on Chief Minister Sukhvinder Singh Sukhu now, who is on an official visit to the United Kindgom. He is scheduled to return on 28 September.
During the course of arguments, Saxena’s counsel Shrawan Dogra referred to Rule 16 of the All India Services (Death-Cum-Retirement Benefits) Rules, 1958, whereby a recommendation has to be made by the concerned state government for extension with full justification and in public interest.
To this, the court asked the state if the recommendation made admittedly by the chief minister in the present case would fall within the parameters of the said rules.
The 1990-batch IAS officer was due to retire on 31 March, but he received the extension three days before that at the request of the Himachal Pradesh government which had cited public interest while recommending the extension to the Centre.
Saxena had announced the extension himself during a farewell dinner hosted by the Himachal IAS Officers Association on March 28. Now, the Union government has said no further extensions are possible beyond this six-month period, which ends on 30 September.
The extension was challenged through the PIL filed by Shimla-resident Atul Sharma, who sought the cancellation of the extension on the grounds that vigilance clearance cannot be granted to an officer facing prosecution under the Prevention of Corruption Act.
Sharma argues that a pending CBI chargesheet against Saxena, the court’s cognisance of offences, and the prosecution sanction should have barred the extension.
Hearings have been ongoing since early September, with the court expressing concerns over potential violations of service rules. Sharma recently also sought police protection for himself, citing potential threats to him for filing the PIL.
During the hearing 6 September, the Union government informed the high court that Chief Minister Sukhu had requested the extension.
“The Chief Minister requested a one-year extension, citing Saxena’s role in overseeing key public interest projects in the state. Accordingly, the competent authority approved a six-month extension for the Chief Secretary, in line with applicable rules.” the government said.
ThePrint reached Saxena for comment through phone calls and messages. The report will be updated if and when he responds.
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INX Media case
The INX Media case dates back to 2007 when the Mumbai-based company was accused of receiving illegal foreign investments exceeding limits approved under the Foreign Investment Promotion Board (FIPB) norms.
This led to allegations of irregularities in granting approvals by officials, including Saxena, who was then the director of the FIPB unit of the finance ministry.
The Central Bureau of Investigation (CBI) registered a case in 2017, implicating former Union finance minister P. Chidambaram and his son Karti Chidambaram under corruption and money laundering charges. Saxena and other officials were also charged under the Prevention of Corruption Act for allegedly facilitating undue benefits to the company.
The CBI filed a chargesheet against Saxena and others in 2019, and the Rouse Avenue Special Court in Delhi took cognisance of the offences on October 21, 2019. This was followed by government sanction for prosecution the same year.
Saxena secured anticipatory bail from the Delhi court in February 2020 along with five other former bureaucrats, and the case remains pending trial.
Saxena, ThePrint has learnt, has now applied for the post of chairman of the Himachal Pradesh State Electricity Regulatory Commission. However, Atul Sharma has shot off a letter to the state’s power secretary to review vigilance clearance given to Saxena.
He has said appointing Saxena would be against the rules and sought a review before finalising names to head the electricity regulatory body.
A senior officer told ThePrint, “Saxena won’t look for another extension as it’s complicated after the HC’s intervention. The state has also not requested the union government for the same so far. If all goes well, he will go as Electricity regulatory commission’s chairman.”
(Edited by Ajeet Tiwari)
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