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HC seeks affidavit from state on delay in HP RERA appointments

Shimla, May 10 (UNI) The Himachal Pradesh High Court has directed the State Government to file an affidavit clarifying whether it has issued a notification regarding the appointment of the Chairman and Members of the Himachal Pradesh Real Estate Regulatory Authority (HP RERA).
The court on Friday asked for an explanation if the notification has not been issued despite the completion of the selection process.
The division bench of Chief Justice Gurmeet Singh Sandhawalia and Justice Ranjan Sharma passed these directions while hearing a Public Interest Litigation (PIL) filed by Atul Sharma, which challenged the extension granted to the Chief Secretary of Himachal Pradesh, Prabodh Saxena.
The matter has been listed for further hearing on May 15.
Senior Advocate Peeyush Verma, along with Advocates Kush Sharma and Ankit Dhiman, appeared for the petitioner, while Central Government Counsel Sheetal Vyas represented the Union of India. Additional Advocate General Rakesh Dhaulta represented the State Government.
The petitioner argued that the six-month extension given to Chief Secretary Prabodh Saxena was in violation of the Department of Personnel and Training (DoPT) guidelines issued by the Union Government. It was also submitted that a case is pending against Saxena in the CBI and the State Vigilance Department, yet the government proceeded to extend his tenure.
Importantly, the court was informed that Saxena had also applied for the post of Chairman, HP RERA, and his name figures among the applicants as shown in Annexure P-4 of the petition. The Chief Justice heads the Selection Committee constituted for appointing the RERA Chairman, while the Principal Secretary of Urban Development and the Law Secretary are its members.
Despite the Selection Committee finalising its recommendations, no notification has been issued regarding appointments to RERA, raising serious concerns over administrative inaction.
The bench observed that keeping the recommendations on hold despite the completion of the process raised questions of transparency and governance. It directed the State to file an affidavit explaining whether appointments were notified, and if not, to state the specific reasons for the delay.
“In the larger public interest,” the bench said, “the State must explain the withholding of the recommendations.”
The court’s directive marks a significant development in the ongoing scrutiny over administrative decisions related to key regulatory bodies in Himachal Pradesh."
It is worthwhile to mention that appointment to various coveted posts including REHRA and Vics Chancellor of various Universities and State Regulatory Commission of higher learning institutions are in doldrums.
UNI ML SS
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