Himachal HC rejects DGP Kundu’s plea for recall of transfer order

SHIMLA: Himachal Pradesh High Court on Tuesday rejected the plea of Director General of Police (DGP) Sanjay Kundu and Kangra SP Shalini Agnihotri for recalling their orders of transfers from the respective posts in the complaint relating to Palampur-based businessman Nishant Sharma.

A Division Bench comprising Chief Justice M S Ramachandra Rao and Justice Jyotsna Rewal Dua passed the orders denying relief to Kundu, who was shifted from the post last week. Meanwhile, Kundu had approached the Supreme Court which stayed the transfer and granted him the liberty to file a recall application in the High Court. The Apex court had directed that no steps should be taken to enforce the transfer order pending the disposal of the recall application.

Earlier, the High Court, in its order of December 26, 2023 had asked the government to shift the DGP and the Kangra SP to some other posting to ensure a fair probe.

The government had posted Kundu as Secretary, Ayurveda, and given the charge of Acting DGP to Satwant Atwal, ADGP (Vigilance and CID).

The orders for Shalini Agnihotri,however, were not issued as Kundu had already got an interim relief from SC.

Delivered the orders on Tuesday, the court asked the state government to set-up a special investigation team (SIT) headed by an officer not below the rank of Inspector General within a week to probe the charges which Nishant Sharma had levelled against DGP Kundu and SP Agnihotri.

The court also directed that the complainant Nishant Sharma, and his family, be provided adequate protection as he had apprehended threat to life.

Advocate General Anoop Rattan said the Court has left the decision of constituting SIT to investigate the case to the government. The government will file the next status report in the court on February 28.