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DGP Sanjay Kundu Transfer : Supreme Court Intervenes : Sanjay Kundu’s Transfer Stayed Amidst Legal Turmoil

DGP Sanjay Kundu Transfer : New Delhi, 3 Jan (City Times) : In a legal saga that has captivated the nation, the Supreme Court has stepped in to bring a momentary pause to the Himachal Pradesh High Court’s controversial order directing the transfer of Director General of Police (DGP) Sanjay Kundu. The apex court bench, comprising the Chief Justice of India and Justices JB Pardiwala and Manoj Misra, not only stayed the implementation of Kundu’s posting as Ayush Principal Secretary but also raised concerns over the lack of a fair hearing before the adverse directive was issued.

DGP Sanjay Kundu Transfer : Supreme Court Halts Transfer: A Breather for Sanjay Kundu

The bench, cognizant of the potential ramifications of the order, asserted that until the High Court decides on Kundu’s application for the recall of the December 26 directive, the transfer order shall remain stayed. This unprecedented intervention marks a significant development in a case that has raised questions about the due process and fairness of administrative decisions affecting the careers of senior officers.

The controversy dates back to December 26 when the Himachal Pradesh High Court issued an order directing the state government to shift DGP Sanjay Kundu to another post. The directive, aimed at preventing any perceived influence on the investigation into the alleged harassment of Palampur businessman Nishant Sharma, also included the transfer of Kangra Superintendent of Police Shalini Agnihotri. The High Court, while emphasizing that the order didn’t express any opinion on the merits of the ongoing investigation, set a deadline of January 4, 2024, for the transfers.

Sanjay Kundu’s Appeal to the Apex Court: Challenging an Unfair Decision

Reacting swiftly to the High Court’s decision, Sanjay Kundu approached the Supreme Court, seeking a stay on the transfer order. Senior advocate Mukul Rohatgi, representing Kundu, argued passionately that the DGP, with less than four months until retirement, faced an unjust decision that could cast a shadow over his 35-year-long career for which he bore no fault. Rohatgi highlighted a crucial point – Kundu was not accorded the opportunity to present his case before the High Court passed the transfer order.

Supreme Court’s Directive: Balancing Justice and Administrative Decisions

The Supreme Court, in staying the transfer and expressing concern over the lack of a fair hearing, has underscored the importance of due process in matters affecting the careers of senior officials. The bench’s directive to the High Court to decide on Kundu’s application for recall within two weeks injects a sense of urgency into the proceedings, reflecting the gravity of the situation.

The entire controversy unfolded when Palampur businessman Nishant Sharma lodged a complaint with the High Court, alleging fear for his life and citing attacks in Gurugram and McLeodganj. Seeking protection, Sharma invoked the jurisdiction of the High Court, expressing concerns about powerful individuals posing a threat to his life. While ordering the transfers, the High Court clarified that it refrained from expressing any opinion on the investigation’s merits as it was still ongoing.

As the legal battle unfolds, the Supreme Court’s intervention has injected a new layer of complexity into an already convoluted case. The delicate balance between administrative decisions, legal proceedings, and individual rights comes into sharp focus, leaving the nation eagerly awaiting the next chapter in the Sanjay Kundu transfer saga.

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