VidhiSangh

Supreme Court of India · 12/01/2024

SANJAY KUNDU versus REGISTRAR GENERAL, HIGH COURT OF HIMACHAL PRADESH & ORS

[2024] 1 S.C.R. 442 · 2024 INSC 43

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Summary

The High Court could not direct the transfer of Himachal Pradesh’s DGP from office without notice and a hearing, thereby assuming disciplinary jurisdiction reserved to the service authorities. The Supreme Court set aside that direction, ordered an IG-level SIT independent of the DGP, and directed adequate security for the complainant and his family, leaving the allegations for investigation.

Issues

  1. Whether the High Court could, without hearing the affected DGP, direct his transfer from office to secure a fair investigation and later refuse to recall that order.
  2. What investigative and security directions should remain in force while the allegations are investigated.

Held

Result

The special leave petitions were disposed of with the above directions; the merits of the allegations were left for investigation.

Judgment PDF: Supreme Court of India, [2024] 1 S.C.R. 442.