3 Jan 2024 9:02 AM GMT
The Supreme Court on Wednesday (January 3) stayed order passed by the Himachal Pradesh High Court which removed him from the post of Himachal Pradesh's Director General of Police. The Court also stayed the consequent order issued by the State governmentt transferring Kundu as the DGP and posting him as the Principal Secretary of the Ayush Department.
The bench comprising Chief Justice of India DY Chandrachud, Justice JB Pardiwala and Justice Manoj Misra also granted liberty to Kundu to approach the High Court seeking recall of the order. The stay order will be in effect till the recall application is disposed.
The bench was hearing a Special Leave Petition filed by the officer against the order passed by the High Court on December 26, 2023 in a suo motu proceedings initiated on a complaint made by a resident of Kangra District alleging threat to his life by a former IPS officer and a practising lawyer. The transfer from the incumbent position of DGP has been ordered by the High Court bench comprising Chief Justice MS Ramachandra Rao and Justice Jyotsna Rewal Dua keeping in view the “possibility of investigation not being carried out in a fair manner.”
Senior Advocate Mukul Rohatgi, appearing for the petitioner, submitted 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.
The Counsel for the Respondent submitted that the DGP called the complainant on 15 occasions. Subsequently, an FIR was registered by the DGP against the respondent under sections 211, 469,499 and 500 of the IPC. He further contended that the “Investigation and 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”
Rohatgi explained that the said 15 missed calls were made from the office landline and not through the DGP's personal mobile. He added that there are no qualms if the investigation is transferred to the CBI. The bench 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.