Court No. - 18 Case :- SERVICE SINGLE No. - 4198 of 2010 Petitioner :- C.P.No. 464 Krishna Pal Singh And Ors. Respondent :- State Of U.P.Through Secy. Home Deptt. Of Civil Sectt. Lko Petitioner Counsel :- Amit Kumar Singh Respondent Counsel :- C.S.C. Hon'ble S.N.H. Zaidi,J.
Supplementary-affidavit on behalf of the petitioners filed in Court is taken on
record.
Heard learned counsel for the petitioners and learned Standing Counsel for the
opposite parties.
Learned Standing Counsel prays for and is allowed three weeks’ time to file
counter-affidavit. Rejoinder-affidavit, if any, may be filed within a week
thereafter.
List after expiry of the aforesaid period.
Submission of the learned counsel for the petitioners is that though the
impugned transfer order of the petitioners, Annexure no.1 to the writ petition,
appears to have been issued pursuant to some decision taken by the Police
Establishment Board, but the said Police Establishment Board has not been
constituted in accordance with the direction of the Apex Court given in the
case of Prakash Singh vs. Union of India, reported in 2006 (8) SCC page 1.
According to him, the Board was not presided over by the DGP of the State
as directed by the Apex Court but by the ADGP/IG (Establishment) who has
no authority to preside over the said Board in view of the direction given by
the Hon’ble Supreme Court in the case of Prakash Singh (Supra). It has also
been submitted that a Division Bench of this Court at Allahabad has observed
in a Special Appeal No.850 of 2010 by order dated 28.05.2010 that the Board
which has considered and approved the transfer order in question was not
constituted in accordance with the specific directions given by the Hon’ble
Supreme Court, therefore, the transfer order has not been passed in
accordance with law.
In view of the aforesaid circumstances, the operation of the impugned transfer
order (Annexure no.1 to the writ petition) so far as it relates to the petitioners,
shall remain stayed till the next date of listing provided the new incumbents
have not joined on the post of the petitioners.
Order Date :- 22.6.2010
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