Supreme Court sets aside HC order, reinstates Sanjay Kundu as Himachal DGP

However, the apex court upheld high court order for a detailed SIT probe against the senior IPS officer for attempting to threaten a businessman to settle a civil dispute.

New Delhi: The Supreme Court on Friday set aside the Himachal Pradesh High Court's order to remove senior IPS officer Sanjay Kundu from the post of DGP over allegations that he tried to pressurise a businessman from Palampur.

A bench of Chief Justice of India D Y Chandrachud and Justices J B Pardiwala and Manoj Misra reinstated Kundu as DGP of Himachal Pradesh after he was initially transferred as principal secretary Ayush.

However, the bench upheld the high court order for a detailed Special Investigation Team (SIT) probe against DGP for attempting to coerce and threaten a businessman to settle a civil dispute .

The bench pointed out that the consequence of shifting out senior IPS from the post of DGP of a state is serious matter and such an order could not have been passed without an opportunity to him to contest the allegations. 

The court directed the petitioner would exercise no control over the SIT constituted in pursuance of HC directions. The State should form an SIT with IG-level officers who should not contact the petitioner and should ensure the protection of the complainant and his family members.

Senior advocate Mukul Rohatgi, appearing for Kundu, questioned the validity of the high court.

Kundu moved the Supreme Court against an order of the Himachal Pradesh high court of January 9, 2024 dismissing his plea for recall of a direction to remove him from the post of DGP over allegations that he tried to pressure a businessman who claimed to have received a threat to his life from his partners.

In a setback to Kundu and Kangra SP Shalini Agnihotri, the high court earlier this week dismissed their petition to recall its order of December 26, 2023, which directed their transfer so that they don’t influence the probe in the case.

The high court had also turned down their request for a CBI probe and directed the constitution of a special investigation team (SIT), consisting officers of the inspector general level, to coordinate investigations in all FIRs within two weeks.

The apex court on January 3, had stayed the order asking the state government to remove him from the post of the DGP. The court had asked Kundu to file a recall application before the high court.

The proceedings before the high court were initiated on an e-mail submitted by Nishant K Sharma, a resident of Palampur on October 28, 2023 to the Chief Justice.

The complainant alleged he faced assault, received a phone call from DGP office, SP and SHO Palampur, received a message DGP wish to speak to him. He was asked to call back. When he called he was connected to DGP and asked to come to Shimla.