SC stays Himachal Pradesh HC’s directive to Transfer IPS Officer Sanjay Kundu from DGP Post

New Delhi, January 03,2024 – The Supreme Court, on Wednesday, intervened by staying the direction issued by the Himachal Pradesh High Court instructing the state government to relocate senior IPS officer Sanjay Kundu from the position of Director General of Police (DGP).*

A bench led by Chief Justice D Y Chandrachud granted Sanjay Kundu the liberty to approach the high court seeking a recall of its December 26 order. The bench, which also included Justices J B Pardiwala and Manoj Misra, stipulated that the directive for transferring Kundu from the DGP role would remain stayed until the high court decides on the recall application.

The Supreme Court further urged the high court to expedite the disposal of the recall application within a two-week timeframe.

Earlier this week, the apex court had accepted a petition filed by Sanjay Kundu challenging his removal as the DGP of Himachal Pradesh, following a high court order. The high court’s decision was based on allegations that Kundu attempted to pressure a businessman who claimed to have received threats to his life from his partners.

Kundu’s legal representative informed the Supreme Court that the case was “extraordinary” as the high court did not afford the officer an opportunity to present his side before instructing the state government to transfer him.

Subsequent to the high court’s directive, the Himachal Pradesh governor issued an order on Tuesday transferring Sanjay Kundu to the state’s Ayush department as the principal secretary. The high court had mandated the state government to relocate both the state police chief and the Kangra superintendent of police to prevent any potential influence on an ongoing investigation into a businessman’s complaint about a threat to his life.

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