Court No. - 18 Case :- SERVICE SINGLE No. - 4202 of 2010 Petitioner :- Shyam Narain Mishra Respondent :- State Of U.P.Thorgh The Prin. Secy. In The Deptt. Of Home . Petitioner Counsel :- A.P.Singh Respondent Counsel :- C.S.C. Hon'ble S.N.H. Zaidi,J.
Heard learned counsel for the petitioner and learned Standing
Counsel for the opposite parties.
Notices on behalf of opposite parties have been accepted by the
learned Standing Counsel, who prays for and is granted 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 learned counsel for the petitioner is that this Court
after considering the matter at length passed an interim order and
stayed the transfer with the finding that the Police Establishment
Board has not applied its mind. The said order was challenged in
Special Appeal No. 850 of 2010 and this Court at Allahabad while
considering the issue observed that the Board which has
considered and approved the transfer order was not constituted in
accordance with the specific directions of the Hon’ble Supreme in
the case of Prakash Singh versus Union of India 2006(8) SCC 1,
therefore, the transfer order has not been passed in accordance
with law and since the constitution of the Board goes to the very
root of the matter, therefore, there was no illegality in the order
passed by the learned Single Judge.
Once the interim order passed by the learned Single Judge
received the seal of the special appellate court, the impugned
transfer order passed by the opposite parties does not appear to be
correct and justified in the facts and circumstances of the case.
In the aforesaid circumstances, the transfer order dated 20.05.10,
Annexure 1 the writ petition, so far as it relates to the petitioner
shall remain stayed till the next date of listing, provided the new
incumbent has not joined in place of the petitioner.
Order Date :- 22.6.2010
Kan