Sanjay Kundu continues to be DGP of Himachal Pradesh: SC
Supreme Court of India today set aside the January 9 and December 26 order of the Himachal Pradesh High Court which directed the State to shift the 1898 batch IPS Sanjay Kundu to shift him to director General of Himachal Pradesh.
Mr. Kundu has moved in the Supreme Court of India again on January 11 to seek the quashing of the January 9 and December 26 orders passed by the Division bench of Chief Justice MS Ramachandra Rao and Justice Jyotsna Rewal Dua in a case of threatening a business for life.
SC giving a second relief in the last nine days today allowed his special leave petition to set aside both the orders however the apex court has directed the DGP not to influence the probe of cases of complaints as HC has not directed the State to constitute IG level SIT.
Allowing the SLP Mr. Kundu to continue as DGP of Himachal Pradesh and setting aside the order of Himachal Pradesh High Court of January 9 Division bench of Chief Justice of India DY Chandrachud, Justice JB Padiwala and Justice Manoj Mishra said High Court has exceeded its jurisdiction by ordering the transfer of DGP ss Principal Secretary Ayush on January 9.
Apex court has set aside the order of the Himachal Pradesh High Court transferring Sanjay Kundu IPS stating that how the High Court passed the initial order ex-parte and then refused to recall the first order he should be given relief from both impugned orders passed by the court on January 5 and January 9 respectively.
The Court added that the State should form an SIT with IG-level officers who should not contact the petitioner and should ensure the protection of the complainant.
Senior Advocate Mukul Rohatgi, challenging the second order of the High Court, argued before the Supreme Court bench that the petitioner, an IPS officer, has “virtually been made an IAS officer”, as the State Government posted him as the Secretary of the AYUSH Department.
He contended that the High Court has no power to transfer an All India Service officer in that manner.
The Supreme Court did not get into the merits of the allegations and left the matter to the SIT investigation.
