A panel headed by Chief Justice of India DY Chandrachud remarked that the High Court’s issuance of such a severe directive, without affording the IPS officer an opportunity to present his defense, was deemed inappropriate.
On Friday, the Supreme Court reinstated Senior Indian Police Service (IPS) officer Sanjay Kundu to the position of Director General of Police in Himachal Pradesh, as per the case of Sanjay Kundu v. Registrar General, High Court of Himachal Pradesh.
A panel comprising Chief Justice of India (CJI) DY Chandrachud, along with Justices JB Pardiwala and Manoj Misra, annulled a directive from the Himachal Pradesh High Court that ordered his removal from the DGP post.
In response to the High Court’s order, the State government had previously ousted him from the role of DGP and appointed him as the Principal Secretary of Ayush.
The panel expressed the view that it was inappropriate for the High Court to issue such a drastic order without affording the police officer an opportunity to present his defense initially.
“The repercussions of relocating an IPS officer from the DGP position are significant. Such a transfer order should not have been issued without providing the petitioner the chance to contest the proceedings and submit his response… The High Court order is fundamentally flawed in terms of jurisdiction, as it involves directions leading to serious consequences that were not in accordance with the principles of natural justice… It is deemed suitable to nullify the transfer directives and reject the decision to uphold the said order,” remarked the Supreme Court.
The panel considered a petition by Sanjay Kundu challenging the recent decision of the Himachal Pradesh High Court to deny his request for the reversal of the order removing him from the position of Director General of Police (DGP) in the State.
On January 10, Kundu approached the Supreme Court, a day after a division bench of the High Court turned down his plea to reconsider its order dated December 26, 2023.
This marks the second phase of legal proceedings on this matter in the Supreme Court. Previously, the top court had temporarily halted the High Court’s directive to remove Kundu from the DGP role and instructed the High Court to first address his recall application.
On December 26, the High Court issued an order to remove Kundu from the DGP position following allegations by a businessman who claimed to have received threats, alleging his family’s safety was jeopardized due to a business dispute.
Notably, the DGP was accused of intervening in the civil dispute on behalf of a senior lawyer.
Upon the High Court’s directive for Kundu’s transfer from Himachal Pradesh, the senior IPS officer sought relief from the Supreme Court, which, on January 3, granted a temporary stay on the High Court order. Subsequently, the Supreme Court instructed the High Court to consider Kundu’s recall application.
After the High Court heard Kundu’s recall application and rejected it on January 9, the matter was appealed to the Supreme Court.
Today, the Supreme Court annulled the High Court order and mandated the State government to establish a special investigation team (SIT) comprising officers of Inspector-General rank to investigate the mentioned civil dispute.
It further specified that Kundu would have no authority or influence over the constituted SIT.
Senior Advocate Mukul Rohatgi represented Kundu in the proceedings before the Supreme Court.
