Court No. - 40 Case :- WRIT - A No. - 35218 of 2010 Petitioner :- Constable 653 C.P Arbind Awasthi And Others Respondent :- State Of U.P. & Ors. Petitioner Counsel :- Mahendra Prasad Mishra Respondent Counsel :- C.S.C. Hon'ble Krishna Murari,J.
Heard arned counsel for the petitioners and learned Standing counsel.
It is contended that the impugned order of transfer dated 29.4.2010 passed by
respondent no.4 with the approval of Police Establishment Board is illegal in
as much as the constitution of the Board headed by an officer other than the
Director General of Police has been held to be not validly constituted and
against the specific directions issued by Hon’ble Supreme Court in the case of
“Prakash Singh and others Vs. Union of India and others reported in
2006(8) SCC 1”, by Division Bench of this Court vide order dated 28.5.2010
in Special Appeal No.850 of 2010.
Prima-facie the matter requires scrutiny.
Learned Standing counsel prays for and is granted four weeks time to file
counter affidavit. Petitioners will have three weeks thereafter to file rejoinder
affidavit.
List for admission after expiry of the aforesaid period.
Considering the facts and circumstances, till the next date of listing the effect
and operation of impugned transfer order dated 29.4.2010 passed by
respondent no.4, in so far as it relates to the petitioners shall remain stayed.
Order Date :- 16.6.2010
AKJ