SHIMLA: The Supreme Court on Wednesday stayed the transfer of Himachal Pradesh DGP Sanjay Kundu from the post, on the directions of the high court.
Disposing of a special leave petition filed by Kundu, the SC bench comprising Chief Justice D Y Chandrachud and Justices J B Pardiwala and Manoj Mishra granted him the liberty to move the HP high court seeking recall of its order dated December 26, 2023, by which it had directed that the DGP be moved out to some other post.
The state government had on Tuesday posted Kundu as principal secretary in the Ayush department in compliance with the HC order.
During the hearing on Wednesday, the SC bench directed that no steps shall be taken to enforce the January 2 transfer order pending the disposal of the recall application, and asked the HC to decide Kundu’s plea within two weeks.
The HC direction against Kundu came after recording a finding that as DGP, he had “unfairly obstructed the course of an investigation” in a complaint filed by a Kangra resident. The high court had initiated suo moto proceedings on an e-mail by the complainant on October 28 last year.
Senior counsel Mukul Rohatgi, appearing for Kundu, argued that the HC passed the order for transfer without impleading him or hearing him on the matter.The SC bench was also apprised that the matter is listed before the HC on Thursday to monitor the course of the investigation.
Disposing of a special leave petition filed by Kundu, the SC bench comprising Chief Justice D Y Chandrachud and Justices J B Pardiwala and Manoj Mishra granted him the liberty to move the HP high court seeking recall of its order dated December 26, 2023, by which it had directed that the DGP be moved out to some other post.
The state government had on Tuesday posted Kundu as principal secretary in the Ayush department in compliance with the HC order.
During the hearing on Wednesday, the SC bench directed that no steps shall be taken to enforce the January 2 transfer order pending the disposal of the recall application, and asked the HC to decide Kundu’s plea within two weeks.
The HC direction against Kundu came after recording a finding that as DGP, he had “unfairly obstructed the course of an investigation” in a complaint filed by a Kangra resident. The high court had initiated suo moto proceedings on an e-mail by the complainant on October 28 last year.
Senior counsel Mukul Rohatgi, appearing for Kundu, argued that the HC passed the order for transfer without impleading him or hearing him on the matter.The SC bench was also apprised that the matter is listed before the HC on Thursday to monitor the course of the investigation.
