SC agrees to hear IPS officer’s plea against HC's order removing him as Himachal Pradesh DGP, tomorrow

On January 02, 2024 (today), the Supreme Court (SC) agreed to hear (urgently) IPS officer Sanjay Kundu’s petition against the Himachal Pradesh High Court’s order removing him from the post of DGP (Director General of Police) of HP on January 03, 2024 (tomorrow). Initially, Chief Justice of India DY Chandrachud agreed to hear the matter today itself after completing the hearing of the listed matters but he agreed to hear the same tomorrow at the request of Senior Advocate Mukul Rohatgi. The matter was mentioned today for urgent listing before the CJI by SA Rohatgi stating that the matter was extraordinary because the decision was delivered by the HC without hearing the officer. 

On December 26, 2023, the HC issued the order to move the petitioner to another post in the context of a criminal complaint made by a resident of Kangara District alleging a threat to his and his family’s life by a former IPS officer. The HC observed that “In the light of the material available to us in this case till date, we are satisfied that exceptional circumstances do exist for interviewing in the matter more particularly when respondent no. 1 (State of Himachal Pradesh) had chosen to turn a blind eye to the said material for reasons best known to it. In the interest of justice and to ensure fairness of investigation and also keeping in mind the principle that ‘justice must not only be done but must be seen to be done,’ we are of the opinion that it would be desirable that present incumbents holding posts of both the Director General of Police, HP and respondent no. 2 be moved to other posts to ensure that fair investigation happens in the FIRs registered.”

After addressing the urgency of the matter, the SC listed the matter for an urgent hearing for tomorrow (January 03, 2024).