Supreme Court stays Himachal Pradesh DGP’s transfer to Ayush department

The Supreme Court on Wednesday stayed India Police Service (IPS) officer Sanjay Kundu’s removal from the post of Director General of Police (DGP) of Himachal Pradesh and his consequent posting as the Principal Secretary of State’s Ayush Department..Kundu was removed from the post of DGP by the State government on Tuesday following an order of the Himachal Pradesh High Court (HP High Court) in a case relating to alleged threats against a businessman. He has challenged the High Court order before the Supreme Court.Today, the bench of Chief Justice of India (CJI) DY Chandrachud, Justice JB Pardiwala and Justice Manoj Mishra said the order passed by the State pursuant to the High Court decision should not be given effect to until the HP High Court takes a call on the recall application moved by Kundu.The High Court is expected to hear the matter on January 4, Thursday. The top court granted the Kundu the liberty to move the High Court with an application for recall of the order passed on December 26, 2023.“We request the High Court to dispose of the recall application within two weeks. Till recall application is disposed off, the High Court order directing transfer out of the post of DGP Himachal Pradesh shall remain stayed,” the apex court ordered.. On December 26, the Himachal Pradesh High Court had ordered the State government to move the DGP and Superintendent of Police, Kangra, to other posts to ensure fair investigation into the businessman’s allegations.The complainant businessman in an email to the High Court in October 2023 had alleged threat to him and his family in connection with a business dispute, leading to initiating of suo motu proceedings by the High Court.The threats were allegedly coming from a retired IPS officer and a lawyer. The Court was told that the complainant was getting constant phone calls from the DGP’s office. .On the basis of the reports submitted by Superintendent of Police of Shimla, the High Court in its December 26 order recorded that the DGP had been in touch with the business partner of the complainant and had repeatedly tried to contact the latter.The bench headed by Chief Justice MS Ramachandra Rao also prima facie found that the DGP had put the complainant under surveillance and had filed a case against him. Senior Advocate Mukul Rohtagi, representing Kundu, submitted before the top court today that the High Court had ordered the DGP’s transfer without hearing him or impleading him as a party to the case before it. He also said that the calls were only from the landline. He, therefore, sought interim relief. On the other hand, the counsel representing the complainant submitted that the DGP had called him multiple times. “It is a serious case. Glaring procedural failure, police is doing nothing, I cannot go against him. DGP being probed by a DSP,” he said.At this stage, Rohtagi suggested that the matter can be probed by the Central Bureau of Investigation (CBI). “I [Kundu] have only three months left on service. I will retire. I am not DGP of India,” the senior counsel said.Considering the submissions, the Court said it will stay the effect of the order removing Kundu from the DGP’s post till the High Court takes a decision on his recall application.“We were thinking of CBI but look at the allegations,” CJI Chandrachud said. Rohtagi responded that the offence is “too petty” for the CBI. The top court then proceeded to grant the interim relief to the DGP and stayed the High Court direction.