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SC stays Himachal Pradesh HC order shifting DGP Sanjay Kundu
Sanjay Kundu’s transfer as principal secretary in the Ayush department will be on hold until the high court decides the IPS officer’s application
NEW DELHI: The Supreme Court on Wednesday stayed a Himachal Pradesh high court order that directed the state government to shift director general of police (DGP) Sanjay Kundu in the wake of a complaint by a Palampur businessman, noting that the officer was not heard before the adverse directive was issued against him.
Asking the high court to decide Kundu’s plea for a recall of the December 26 order within two weeks, a bench led by Chief Justice of India (CJI) Dhananjaya Y Chandrachud said that Kundu’s transfer as principal secretary in the Ayush department shall also remain stayed until the high court decides the IPS officer’s application.
“Till a decision on the petitioner’s recall application, the high court order on transfer shall remain stayed. Since the petitioner’s new posting is pursuant to the impugned order of the high court, no steps shall be taken,” states the bench, which also included justices JB Pardiwala and Manoj Misra.
The order was issued on a petition moved by Kundu earlier this week, complaining that the unpropitious directive against him was issued by the high court on December 26 without giving him an opportunity to present his side.
On December 26, the high court directed the state government to shift the state police chief and the Kangra superintendent of police so that they do not influence the probe in a complaint by the Palampur businessman, Nishant Sharma, about extortion and threat to his life. In his complaint filed on October 28, Sharma alleged a threat to him, his family and property from his business partners. He also questioned the conduct of Kundu, alleging the officer made phone calls to him, and asked him to come to Shimla.
In its order, the high court said it was intervening due to “exceptional circumstances” in the matter, “more particularly when the respondent home secretary had chosen to turn a blind eye” to the material presented in the case. “Shift them to other posts where they would not have any opportunity to influence the investigation in the case,” said the high court.
On Tuesday, the state government posted Kundu as principal secretary in the Ayush department.
Assailing the high court order, senior counsel Mukul Rohatgi, representing Kundu, emphasised before the bench on Wednesday that Kundu was set to retire in less than four months and an adverse order of the present nature would blemish his 35-year-long career when his client was at no fault. Rohatgi claimed that Kundu tried to mediate between Sharma and a senior advocate who were embroiled in a private dispute and that the officer spoke to Sharma only once using his official landline. The senior lawyer added that he had nothing to do with the dispute between the two and that Kundu was willing to have the Central Bureau of Investigation (CBI) probe the matter.
Appearing for Sharma, advocate Rahul Sharma claimed that not only DGP Kundu exerted pressure on his client but that his client was also put under surveillance.
The court, after hearing the two lawyers, said that since both the sides agree that Kundu was not heard before passing of the impugned order, the officer should be allowed to move a recall plea before the high court which is slated to hear the case again on Thursday. “We are staying the high court order till the recall application is heard by the high court,” said the court.
