"Consequences of Shifting Out An IPS officer As DGP Are Serious", CJI Chandrachud Raps Himachal High Court

In a major development, the Supreme Court bench headed by Chief Justice of India D.Y Chandrachud has set aside the Himachal Pradesh High Court order of refusing to recall the order of shifting Himachal Pradesh DGP Sanjay Kundu. The CJI observed The correct course of action would have been for the High Court to recall its ex parte order and hear the matter afresh.... Instead, the HC in the impugned order has substantially gone by the earlier status reports. The High Court's order suffers from a parent error of jurisdiction since an order of serious consequences was passed emanating from its directions that were not compliant with principles of natural justice...a post decisional hearing is liable to cause disquiet as there has been no fresh application of mind to hear party not heard at first instance", CJI DY Chandrachud dictated in the order. "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 bench observed in the order.