New Delhi, Jan 12 (Reporter) The Supreme Court on Friday set aside the Himachal Pradesh High Court order transferring IPS Sanjay Kundu from the post of DGP of the state on an allegation that he was interfering with the fair investigation of a case. A bench comprising Chief Justice DY Chandrachud, Justice JB Pardiwala, and Justice Manoj Misra expressed their dissatisfaction about how the Himachal Pradesh High Court passed an ex-parte order initially and then refused to recall the first order when the petitioner approached it. Setting aside the initial order of transfer and the subsequent refusal of the High Court to recall the first order, the Supreme Court said that the proper course of action was to hear the matter afresh, by recalling the first ex-parte order, instead of affording a "post-decisional" hearing. The bench remarked, " 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 said, "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. Senior Advocate Mukul Rohatgi, challenging the second order of the High Court, before the Supreme Court, that the petitioner, an IPS officer, has "virtually been made an IAS officer", as the State Government posted him as the Secretary of the AYUSH Department. He contended that the High Court has no power to transfer an All India Service officer in that manner. The case pertains to, that the Himachal High Court on December 26, 2023, Suo Motto passed an order of transfer of the DGP on a letter petition sent by a businessman apprehending a threat to his life by a former IPS officer and a practicing lawyer. The complainant alleged that the DGP was interfering with the investigation. The High Court ordered the transfer of the DGP and Kangra SP, observing that it was necessary to ensure a fair investigation of the complainant's case. Kundu had earlier approached the Supreme Court against the said transfer order. The Apex court on January 3, stayed the High Court order as it was pronounced without hearing the officer, and granted liberty to Kundu to approach the High Court seeking recall of the earlier order. On January 9, the High Court dismissed the recall application and directed to constitute a Special Investigation Team (SIT) to look into the businessman's complaint. The Supreme Court today, even while setting aside the High Court's direction for the transfer of the DGP, did not interfere with the HC's directions to transfer the investigation to SIT. The Supreme Court however clarified that the petitioner shall not influence the working of the SIT. The Supreme Court ordered that the State should form an SIT with IG-level officers who should not contact the petitioner and should ensure the protection of the complainant. The Supreme Court did not get into the merits of the allegations and left the matter to the SIT investigation...////...