In a major respite to Director General of Himachal Police (DGP) Sanjay Kundu, the Supreme Court has set aside the HP High Court’s order of shifting him from the post of DGP passed on January 9.
A three judge bench headed by Chief Justice DY Chandrachud in an order on Friday disapproved the manner in which the High Court dismissed the recall petition of the DGP without giving him an opportunity after passing an initial ex-parte order and not reconsidering the recall petition following the Apex Court’s order.
The Bench, which also had Justice JB Pardiwala and Justice Manoj Mishra observed, “The consequences of shifting an IPS officer from the post of DGP and reassigning the petitioner from the post without giving him an opportunity to contest the case against him without filing a reply, are serious.”
The Court said, “The High Court directions were not compliant with the principles of natural justice and it would be appropriate to set aside the directions of transfer and refusal to recall the said orders.”
However the Court refused to interfere in the High Court orders to constitute an SIT to investigate the complaint against Sanjay Kundu, without his interference and control in the case.
