The Supreme Court in the case observed and has stayed the order passed by Himachal Pradesh High Court which removed him from the post of Himachal Pradesh’s Director General of Police.
The court in the case observed and has stayed consequent order which is issued by the State government transferring Kundu as the DGP and posting him as the Principal Secretary of the Ayush Department.
The bench comprising of Chief Justice of India DY Chandrachud, Justice JB Pardiwala and Justice Manoj Misra in the case observed and has granted liberty to Kundu to approach the High Court wherein seeking recall of the order. Thus, the stay order will be in effect till the recall application is disposed.
In the present case, the bench was hearing the Special Leave Petition filed by the officer against the order passed by the High Court on December 26, 2023 in a suo motu proceedings which are initiated on the complaint made by a resident of Kangra District alleging threat to his life by a former IPS officer and a practising lawyer.
The bench comprising of High Court Chief Justice MS Ramachandra Rao and Justice Jyotsna Rewal Dua while keeping in view the ‘possibility of investigation not being carried out in a fair manner’ ordered for the transfer from the incumbent position of DGP.
The counsel, Senior Advocate Mukul Rohatgi, appearing for the petitioner, submitted before the court that the High Court passed the order without hearing him. Claiming that the petitioner has an unblemished service so far, Rohatgi stated that the High Court order causes serious prejudice to the petitioner who is on the verge of retirement.
On the other hand, the counsel, appearing for the respondent submitted before the court that the DGP called the complainant on 15 occasions and an FIR was registered by the DGP against the respondent under sections 211, 469,499 and 500 of the Indian Penal Code, IPC.
Further, it has been contended before the court that the investigation and the status report which was read out in the order, it clearly shows that there was serious manipulation.…the police is doing nothing, I am left with no option.
The Senior Advocate Mukul Rohatgi also explained that the said 15 missed calls were made from the office landline and not through the DGP’s personal mobile.
Adding to it, he stated that there are no qualms if the investigation is transferred to the CBI.
The bench in the case was also informed that in the two FIRs filed by the respondent, nowhere is the Petitioner named as an accused and that the High Court has given its decision without hearing the senior IPS officer.