Sanjay Kundu IPS moves Supreme Court against Himachal Pradesh High Court order to remove him as DGP

Senior Indian Police Service (IPS) Officer Sanjay Kundu has moved the Supreme Court against the Himachal Pradesh High Court’s refusal to recall its order for removing him from the post of Director General of Police (DGP) in the State [Sanjay Kundu v. Registrar General High Court of Himachal Pradesh]..Kundu moved the top court on Wednesday, a day after a division bench of the High Court rejected Kundu’s application for recall of its December 26 order. This is the second round of litigation in the matter before the top court, which had earlier stayed the High Court’s decision to remove Kundu from the DGP post and asked it to first take a call on his recall application..The High Court’s order for removing Kundu from the DGP post was passed on December 26, 2023 in a businessman's case who has alleged threats to him and his family due to a business dispute. The DGP is alleged to have interfered in the civil dispute on behalf of a senior lawyer. Kundu then moved the Supreme Court which on January 3 granted an interim stay on the High Court order and said that the December 26 order should not be given effect to until the High Court decides the recall application.The High Court then heard the recall application and on December 9 rejected the same. A division bench of Chief Justice MS Ramachandra Rao and Justice Jyotsna Rewal Dua questioned how a Senior Police Officer like Kundu, could have interfered in a civil dispute between shareholders of a private company and called it highly improper. “This conduct cannot be said to be within his line of duty prima facie,” it said while refusing to rescind the order asking State to remove Kundu from the DGP post..Kundu in his defense had told the High Court that he had looked into the issue “in good faith and motivated by principles of police led mediation” after his old acquaintance Senior Advocate KD Shreedhar had told him about the business dispute. The complainant Nishant Sharma told the Court that Shreedhar and his brother through the DGP were trying to force him to sell his and his father’s shares in a private company.The High Court reasoned that Shreedhar was not a poor man who cannot avail of the legal remedies “At request of such a person, the attempt of Shri Sanjay Kundu, IPS to attempt to settle the dispute seems to be a colourable exercise of his power and authority prima facie,” the Court opined.Interestingly, the State government on Tuesday opposed Kundu's application for recall of order against him.