The Himachal Pradesh government on Tuesday appointed 1988-batch IAS officer Sanjay Gupta as state’s chief secretary, barely five days before his retirement on May 31. Gupta, had been holding the charge of officiating chief secretary since October 1, 2025, after previous incumbent Prabodh Saxena superannuated.

The appointment comes even as a petition challenging the state government’s decision to appoint Gupta as officiating chief secretary is pending before the Himachal Pradesh High Court. It also comes two days after the Communist Party of India (Marxist) demanded Gupta’s removal as officiating chief secretary and legal proceedings against him.

According to a notification issued by Secretary (Personnel) M Sudha Devi, Gupta, who was serving as Additional Chief Secretary (Town and Country Planning & Housing) and simultaneously holding the additional charge of Chief Secretary, has now been formally appointed as “the Chief Secretary to the Government of Himachal Pradesh with immediate effect in the public interest.” The 1966-born Gupta holds a degree in civil engineering and a diploma in management.

Senior bureaucrats described Gupta’s elevation as procedural. A senior official, requesting anonymity, said that the formal appointment will ensure that Gupta receives all service-related benefits associated with the post of chief secretary after retirement.

“It is more of a formality to protect his service benefits. There are very slim chances of him being granted an extension after May 31,” the officer said.

Gupta, on his part, ruled out the possibility of receiving an extension in service. “There is no move for the extension. This process has to be started around one month before the retirement. There is no such process,” he said.

CPI(M) leader and former Shimla mayor Sanjay Chauhan, meanwhile, questioned the move to elevate Gupta. “There are serious corruption charges against Gupta regarding irregularities in the Chester Hills housing project in Solan,” said Chauhan.

On one hand, the government talks about zero tolerance towards corruption, while on the other hand, it has appointed an officer against whom several corruption-related cases are pending and whose conduct has also been questioned by the court, he added.

Senior BJP leader and former chief minister Jai Ram Thakur said Chief Minister Sukhvinder Singh Sukhu is “completely compromised” by corrupt officials and has become a puppet of bureaucrats.

He said at Gupta’s appointment as the chief secretary raises serious questions regarding the government’s intentions especially as his previous appointment has been challenged in the high court.

He alleged that three FIRs have been registered against Gupta under the Prevention of Corruption Act, and his name has also surfaced in connection with the ‘Chester Hills’ benami property case. “This clearly suggests that these officials hold deep secrets concerning Congress leaders and their inner circle. The chief minister is so helpless that he is effectively rewarding corrupt officials and is even contemplating granting them service extensions or re-appointments following their retirement,” Thakur said.

Gupta had hit the headlines earlier this year after the CPI(M) demanded a judicial inquiry into the allegations of violation of Section 118 of the Tenancy and Land Reforms Act against the promoters of the Chester Hills. An advocate had submitted a complaint with the police seeking registration of an FIR against government officials involved in alleged benami land transactions in the name of Chester Hills 2 and Chester Hills 4 project. Among others, the advocate alleged that Gupta had purchased 3.18 acres of land in Punjab’s Kharar, costing about Rs 25 crore, for Rs 1.38 crore, adding that funds derived from the Chester Hill case may have financed this land purchase.

Gupta had denied all allegations and accused two former Chief Secretaries — RD Dhiman and Prabodh Saxena — of allegedly attempting to defame him in connection with the project, where an inquiry by the local SDM had reportedly established violations of Section 118 of the Himachal Pradesh Tenancy and Land Reforms Act, 1972.

As the officer handling the housing department at the time, Gupta had reportedly set aside certain recommendations made by the Solan SDM against the promoters of the Chester Hills project.

Meanwhile, Gupta’s appointment as officiating Chief Secretary also came under judicial scrutiny. A public interest litigation (PIL) was moved in the high court claiming that Gupta’s appointment as officiating chief secretary violated established norms and vigilance-related guidelines applicable to appointments to sensitive constitutional and administrative posts. A a division bench of the high court on May 19 had issued notices to the state and the Union governments while listing the matter for July 21, 2026.

The petition relies upon revised vigilance clearance guidelines issued on October 9, 2024, concerning appointments of All India Services and Central Civil Services officers. Referring to Clause 7 of the guidelines, the plea contends that appointments to sensitive posts must be considered in light of the vigilance status of the concerned officer before approval by the competent authority.

The petitioner further argued that the Supreme Court has consistently held the office of Chief Secretary to be an extremely sensitive administrative position.