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Supreme Court of India 2024-01-12 partly_allowed

Sanjay Kundu vs registrar General, High Court of Himachal Pradesh & Ors

Bench: 3 — Dhananjaya Y Chandrachud, J B Pardiwala, Manoj Misra

In Brief

A hotel businessman alleged that Himachal Pradesh's top police officer (DGP) misused his office to intimidate him in a private business dispute involving another advocate, allegedly threatening him through official channels. The High Court, on the basis of an email petition, directed the DGP's transfer without hearing him. The Supreme Court held that while the allegations are serious and warrant investigation by an impartial Special Investigation Team, the High Court violated procedural fairness by issuing an ex parte order and wrongly assumed disciplinary power over the police officer. The Court set aside the transfer direction but ensured the SIT would operate independently of the DGP's control."

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Administrative Law Police Discipline Criminal Procedure Abuse of Office Judicial Power Due Process Special Investigation Team

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