Court No. - 32 Case :- WRIT - A No. - 36290 of 2010 Petitioner :- Const. 591 Cp Suresh Prasad And Others Respondent :- State Of U.P. And Others Petitioner Counsel :- Lalmani Bind Respondent Counsel :- C.S.C. Hon'ble Ran Vijai Singh,J.
While assailing the impugned transfer order dated 19.3.2010 passed by
respondent No.3, learned counsel for the petitioners contends that the
aforesaid transfer order has been passed without there being prior approval of
the Police Establishment Board. In the submissions of the learned counsel for
the petitioners this transfer order is in teeth of the judgment of the Apex Court
in the case of Prakash Singh & Ors. Vs. Union of India & Ors., reported in
(2006) 8 SCC 1. This fact could not be disputed at this stage by the learned
Standing Counsel.
In view of that learned Standing Counsel, who has accepted notices on behalf
of the respondents is directed to file counter affidavit within four weeks.
Rejoinder affidavit, if any, may be filed by the petitioners within two weeks
thereafter.
As an interim measure, without prejudice to the right and contention of the
parties, it is provided that if the petitioners have not joined pursuant to the
impugned orders, they will not be insisted to join at their transferred place till
the next date of listing.
Order Date :- 22.6.2010
Mustaqeem.