A bench led by Chief Justice of India DY Chandrachud stated that it was not appropriate for the High Court to have passed such a drastic order without allowing the IPS officer to defend himself.
On Friday, the Supreme Court reinstated Sanjay Kundu, a distinguished member of the Indian Police Service (IPS), as the Director General of Police (DGP) for Himachal Pradesh.
The Supreme Court panel, led by Chief Justice of India (CJI) DY Chandrachud and Justice Manoj Misra, overturned a previous directive from the Himachal Pradesh High Court that called for Kundu’s removal from the DGP post.
Following the High Court’s order, the State government had reassigned Kundu, appointing him as the Principal Secretary of Ayush.
The Supreme Court bench criticized the High Court’s decision to issue such a drastic order without giving Kundu a chance to defend himself, considering it unfair.
The bench stated, “The implications of dismissing an IPS officer from the DGP role are significant. Issuing the transfer order without giving the petitioner an opportunity to oppose the allegations and provide a defense was a grave jurisdictional error by the High Court, violating the principles of natural justice. Thus, the order to transfer and the refusal to reconsider the petitioner’s position are now revoked.”
CJI Manoj Misra, Justice JB Pardiwala, and CJI DY Chandrachud were part of the bench hearing Sanjay Kundu’s plea, which challenged the Himachal Pradesh High Court’s refusal to revoke its decision to dismiss him as the DGP.
The apex court reviewed the case on January 10, 2023, following the High Court’s division bench rejecting Kundu’s appeal to reverse its December 26, 2023, order.
This marked the second phase of proceedings in the Supreme Court regarding this issue. Earlier, the Supreme Court had stayed the High Court’s ruling to remove Kundu as DGP, pending a decision on his application for recall.
On December 26, following a complaint by a businessman about threats to him and his family over a business matter, the High Court had ordered Kundu’s removal as DGP.
Notably, Kundu faced accusations of interfering in the civil dispute to favor a senior lawyer.
After the High Court’s instruction to expel Kundu from Himachal Pradesh, he appealed to the Supreme Court on January 3. The Supreme Court immediately stayed the High Court’s order.
The Supreme Court then asked the High Court to consider Kundu’s recall request.
When the High Court denied Kundu’s petition for recall on January 9, it led to the latest appeal in the Supreme Court.
Today, the Supreme Court reversed the High Court’s decision and instructed the State government to form a special investigation team (SIT), comprising officers at the Inspector-General level, to probe the contentious civil dispute.
The court further clarified that Kundu would not have jurisdiction over this newly established SIT.
Senior Advocate Mukul Rohatgi represented Kundu during his Supreme Court hearing.
