Sanjay Kundu to stay Himachal DGP as SC stays HC order to shift him

Asking the HC to dispose of the recall application within 2 weeks, the bench, also comprising Justices J B Pardiwala and Manoj Misra, ordered that “till the recall application is disposed of, the direction for the transfer of the petitioner out of the post of Director General of Police, Himachal Pradesh shall remain stayed”.

Senior Advocate Mukul Rohatgi, who appeared for the IPS officer, informed the court that on January 2, 2024, Kundu “has, in compliance with the order of the High Court, been posted as Principal Secretary (Ayush), Government of Himachal Pradesh”. Taking note, the SC said in its order that “since the above posting (as Principal Secretary (Ayush) is in pursuance of the impugned order of the High Court, we also direct that pending the disposal of the recall application, no steps shall be taken to enforce the order dated 02 January 2024”.

Rohatgi contended that the HC had passed the order, directing Kundu’s transfer, without him being impleaded in the suo motu proceedings or being given an opportunity of being heard to rebut the allegations made against him through an email by the complainant.

The Himachal Pradesh HC had in its December 26 order directed the state government to shift Kundu and Kangra SP Shalini Agnihotri so that they don’t influence a probe into a complaint about a threat to life filed by Palampur-based businessman Nishant Sharma.

The HC order came weeks after it took suo motu notice of Sharma’s complaint sent to the court through email on October 28. Sharma had separately written to Chief Secretary Prabodh Saxena and Kangra SP and cited specific phone numbers, saying “the first two phone numbers are from the office of the DGP, Himachal Pradesh, the last two phone numbers are of DSP and SHO Palampur, respectively.” According to Sharma, two affluent individuals were coercing him and his father to sell their company.