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

Citation: [2024] 1 S.C.R. 442 · Decided: 12-01-2024 · Supreme Court of India · Bench: D.Y. CHANDRACHUD, J.B. PARDIWALA, MANOJ MISRA · Disposal: Disposed off
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Judgment (excerpt)

* Author
[2024] 1 S.C.R. 442 : 2024 INSC 43
Sanjay Kundu
v.
Registrar General, High Court of 
Himachal Pradesh & Ors
(Special Leave Petition (Criminal) No 550-551 2024)
12 January 2024
[Dr Dhananjaya Y Chandrachud*, CJI, J B Pardiwala 
and Manoj Misra, JJ.]
Issue for Consideration
The proceedings before the High Court were initiated on an 
email from complainant, addressed to the Chief Justice of the 
High Court. The High Court suo motu registered a Criminal Writ 
Petition pursuant to the above email. The High Court directed that 
the petitioner herein, who is holding the post of DGP, and the SP, 
Kangra should be moved to any other post to ensure that a fair 
investigation takes place. The petitioner was neither impleaded 
in the proceedings nor was he heard before the above order was 
passed. On that ground, the petitioner challenged it in a Special 
Leave Petition before the Supreme Court. 
Headnotes
Administration of Justice – Miscarriage of procedural justice 
– The principal grievance urged was that the petitioner was 
directly affected by the order of the High Court, but he was 
neither made a party to the proceedings nor was he furnished 
a notice of the proceedings – The Supreme Court permitted to 
file application for recall of the High Court’s order (26.12.2023) 
– The High Court dismissed the application – SLP filed by the 
petitioner for recall of the order of the High Court:
Held: Earlier, when the Supreme Court permitted the petitioner to 
move an application for recall of the High Court’s order, the directions 
of the High Court for transfer of the petitioner were stayed – The 
Court also stayed the order issued pursuant to the High Court’s 
directions posting the petitioner as Principal Secretary (Ayush), 
Government of Himanchal Pradesh – However, the High Court 
[2024] 1 S.C.R. 
443
Sanjay Kundu v. Registrar General, High Court of 
Himachal Pradesh & Ors
dismissed the recall application and directed the State to consider 
forming a Special Investigation Team consisting of IG level officers 
to coordinate the investigation in all the FIRs and to advise the 
government on providing effective security to the complainant and 
his family – In the instant case, the correct course of action for 
the High Court would have been to recall its ex parte order and 
to commence the proceedings afresh so as to furnish both the 
petitioner and the complainant and other affected parties including 
the SP, Kangra, an opportunity to place their perspectives before 
it – Instead, the High Court, while deciding the recall application, 
heavily relied on the status report submitted by the SP, Shimla 
– The impugned order suffers from a patent error of jurisdiction – 
The order was passed without compliance with the principles of 
justice, especially, the principle of audi alteram partem – The order 
dated 26.12.2023 had serious consequences, and it was passed 
without hearing the petitioner who stood to be affected by it – A 
post-decisional hearing of the kind conducted by the High Court 
lacks fresh and dispassionate application of mind to the merits of 
the recall application, and is for that very reason, likely to cause 
disquiet – Thus, the direction of the High Court directing the shifting 
out of the petitioner from the post of DGP is set aside – However, 
the directions of the High Court to consider constituting an SIT 
and grant of protection to the complainant and his family are not 
disturbed – Instead of and in place of the direction of the High 
Court requiring the State Government to consider constituting an 
SIT, the State is directed to do so – The SIT shall consist of IG 
level officers who shall not report to the petitioner for the purpose 
of the investigation. [Paras 33, 34, 36, 37]
List of Keywords
Administration of Justice; Principles of justice; Miscarriage of 
procedural justice; Error of jurisdiction; Audi alteram partem.
Case Arising From
EXTRAORDINARY APPELLATE JURISDICTION: Special Leave 
Petition (Criminal) Nos. 550-551 of 2024.
From the Judgment and Order dated 09.01.2024 of the High Court 
of Himachal Pradesh at Shimla in CRMP No.79 of 2024 and CRWP 
No.14 of 2023.
444
[2024] 1 S.C.R.
Digital Supreme Court Reports
Appearances for Parties
Mukul Rohtagi, Sr. Adv., Gagan Gupta, Arkaj Kumar, Padmesh Mishra, 
Ms. Ranjeeta Rohatgi, Ms. Tanya Aggarwal, Rushab Aggarwal, 
Aakarsh Mishra, Advs. for the Petitioner.
Rahul Sharma, Ms. Rashmi Malhotra, Advs. for the Respondents.
Judgment / Order of th
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