Himachal HC Hears PIL Over Appointment of Acting Chief Secretary Amid Corruption Cases
Shimla:
The Himachal Pradesh High Court has issued notice to the State Government and the Union of India on a Public Interest Litigation (PIL) questioning the appointment of an officer holding the additional charge of Chief Secretary despite multiple corruption cases pending against him.
The PIL, filed by Tilak Raj Sharma, alleges that the October 1, 2025 decision to entrust the additional charge of Chief Secretary to Respondent No. 2 violated vigilance clearance norms and compromised “institutional integrity.”
According to the petition, three FIRs registered by the State Vigilance and Anti-Corruption Bureau against the officer were already on record before the appointment.
The petition states that FIR No. 2 of 1996 was registered on July 1, 1996, at Police Station Anti-Corruption Zone, Shimla, under Sections 465, 468, 477-A and 120-B of the IPC along with Section 13(2) of the Prevention of Corruption Act, 1988.
The allegations relate to acts allegedly committed while the officer was posted as Additional Deputy Commissioner, Pooh.
It further states that FIR No. 10 of 2009 was registered on July 9, 2009, at SV & ACB Solan under Sections 7, 8, 10, 12 and 13(2) of the Prevention of Corruption Act read with Section 120-B IPC. The petition claims the officer was arrested in connection with the case and later released on bail. The PIL argues that the arrest of a serving IAS officer was a “material fact” directly affecting any assessment of institutional integrity for appointment to the State’s top administrative post.
The petition also refers to FIR No. 26 of 2009, registered on August 1, 2009, at SV & ACB Shimla under Section 13(1)(e) read with Section 13(2) of the Prevention of Corruption Act, pertaining to alleged possession of assets disproportionate to known sources of income. The petitioner has described disproportionate assets cases as among the “most serious categories of corruption” as they strike at the root of an officer’s integrity over a long period of service.
The PIL further claims that prosecution sanction proceedings in FIR No. 10 of 2009 and FIR No. 26 of 2009 remain unresolved as no order of the Department of Personnel and Training (DoPT), the competent authority under Section 19(1)(b) of the Prevention of Corruption Act for IAS officers, has been placed in the public domain regarding sanction for prosecution.
During the hearing on May 19, the division bench of Chief Justice G.S. Sandhawalia and Justice Bipin C. Negi noted that the petitioner had deposited Rs 2 lakh in compliance with an earlier court order, establishing his bona fides.
The petitioner also relied on revised vigilance clearance guidelines issued on October 9, 2024, which require vigilance status to be considered before appointments to sensitive posts.
The High Court has now listed the matter for further hearing on July 21, 2026.
