A bench led by Chief Justice of India DY Chandrachud stated that the Himachal Pradesh High Court’s decision to issue such a severe order was improper without giving the IPS officer an opportunity to present his defense.
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NEW DELHI: Supreme Court Overturns Himachal Pradesh High Court’s Decision to Remove Sanjay Kundu as DGP, the Hon’ble Court quashed Himachal Pradesh High Court’s directive that led to the removal of Sanjay Kundu from his position as the Director-General of Police (DGP). This decision was made by a bench comprising Chief Justice of India (CJI) DY Chandrachud, along with Justices JB Pardiwala and Manoj Misra.
The Himachal Pradesh High Court had previously ordered the removal of Kundu from the DGP post, following which he was appointed as the Principal Secretary of Ayush by the State government. However, the Supreme Court bench found fault with the High Court’s approach, emphasizing the gravity of the decision to transfer an IPS officer from such a high-ranking position without allowing him a fair chance to defend himself.
In their observation, the Supreme Court highlighted the serious implications of transferring an IPS officer from the role of DGP. The bench stated,
“The consequences of shifting out an IPS officer as DGP are serious. Such an order for transfer could not have been passed without an opportunity for the petitioner to contest the proceedings against him and let him file his response.”
The apex court further noted that the High Court’s order suffered from a “patent error of jurisdiction” as it was not in compliance with the principles of natural justice.
The Supreme Court’s decision to set aside the transfer directive and the refusal to recall the said order underscores the importance of adhering to the principles of natural justice, especially in cases involving significant career implications for high-ranking officials. This ruling is seen as a reinforcement of the judicial system’s commitment to ensuring fair procedures and justice.
The case has drawn considerable attention, highlighting the judicial process’s role in balancing administrative decisions and the rights of individuals holding public office. The Supreme Court’s intervention in this matter is a critical reminder of the need for due process and fair hearing in all judicial and administrative actions.
Senior Advocate Mukul Rohatgi appeared for Kundu before the Supreme Court.
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