Supreme Court expressed concern about the Himachal Pradesh High Court’s decision to transfer the state’s Director General of Police (DGP) without affording him a fair hearing. On Friday, the Supreme Court reinstated Sanjay Kundu (IPS:1989:HP) to his position, overturning his transfer to the Ayush department as Principal Secretary.
A three-judge bench, consisting of Chief Justice of India DY Chandrachud, along with Justices JB Pardiwala and Manoj Mishra, emphasized the gravity of shifting an IPS officer from the DGP role and asserted that such a transfer order should not have been issued without providing the petitioner with an opportunity to contest the proceedings and present his response.
In a detailed order, the bench expressed reservations about the High Court’s handling of the matter, noting, “We express our reservations about the way the HC took up the matter and transferred the petitioner. It is just evident that the proceedings were triggered by the complainant’s email to the Chief Justice.”
The Supreme Court instructed the state to establish a Special Investigation Team (SIT) led by an Inspector General (IG)-level officer. Furthermore, it directed the authorities to ensure the safety of the complainant and his family based on perceived threats.
While reinstating Kundu, the bench deemed it appropriate to set aside the transfer directives and the refusal to revoke the order. However, it clarified that the petitioner would have no control over the SIT formed by the High Court’s instructions.
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