Apex Court Stays Himachal Pradesh HC’s Order Directing To Move State DGP Out Of His Position Without Hearing Him

Pertinently, the High Court in the suo motu proceedings by its impugned order directed the transfer without either the petitioner being impleaded or being given an opportunity of being heard to rebut the allegations which were made against him in the email by the complainant.

Accordingly, a bench of Chief Justice of India D.Y. Chandrachud, Justice J.B. Pardiwala and Justice Manoj Misra while granting Liberty to the petitioner to move the High Court, when the proceedings are taken up on January 4, 2024, with an application for recall of the order, observed, “We request the High Court to dispose of the recall application within a period of two weeks…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”.

“The Court has been apprised of the fact that on 02 January 2024, the petitioner has, in compliance with the order of the High Court, been posted as Principal Secretary (Ayush), Government of Himachal Pradesh. Since the above posting 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”, the bench further noted.

Senior Advocate Mukul Rohatgi appeared for the petitioner and Advocate Rahul Sharma appeared for the respondent.

In the present matter, the proceedings before the Court were moved by the Director General of Police under Article 136 of the Constitution.

The High Court by its impugned order dated December 26 2023 directed that the petitioner should be moved out from the post of Director General of Police, Himachal Pradesh to any other post.

A similar direction was issued in respect of the Superintendent of Police, Kangra. The High Court issued the directions after recording a finding that the petitioner in his capacity of the Director General of Police unfairly obstructed the course of an investigation

The principal grievance was that the High Court passed the order directing the transfer of the petitioner from the post of Director General of Police without either the petitioner being impleaded or being given an opportunity of being heard to rebut the allegations which were made against him in the email by the complainant.

In the matter, both the counsel joined in stating before the Court that they have no objection if the investigation is transferred to the Central Bureau of Investigation so as to obviate any allegation of interference at the behest of the petitioner.

Cause Title: Sanjay Kundu v. Registrar General & Ors.