Court No. - 18 Case :- SERVICE SINGLE No. - 4224 of 2010 Petitioner :- Vidya Bhushan Bajpai And Ors. Respondent :- State Of U.P.Through The Prin. Secy. Deptt. Of Home Lko.And Petitioner Counsel :- M.P.Raju Respondent Counsel :- C.S.C. Hon'ble S.N.H. Zaidi,J.
Heard learned counsel for the petitioners and learned Standing Counsel for the
opposite parties.
Learned Standing Counsel prays for and is allowed four weeks’ time to file
counter-affidavit. Rejoinder-affidavit, if any, may be filed within two weeks
thereafter.
List after expiry of the aforesaid period.
Submission of the learned counsel for the petitioners is that the impugned
transfer order of the petitioners dated 15.06.2010 has not been passed
pursuant to any decision of the Police Establishment Board as has been
directed by the Hon’ble Supreme Court in the case of Prakash Singh vs Union
of India, reported in 2006 (8) SCC page 1. A transfer order, which has not
been passed pursuant to consideration and approval of the Police
Establishment Board, is not in accordance with law.
In view of the aforesaid circumstance, the operation of the impugned transfer
order dated 15.06.2010 (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
new incumbents have not joined on the post of the petitioners.
Order Date :- 24.6.2010
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