Court No. - 22 Case :- SERVICE SINGLE No. - 5453 of 2010 Petitioner :- Hanuman Dutt Singh Respondent :- State Of U.P. Through Its Principal Secy.Dept.Of Home Lko. Petitioner Counsel :- S.P.Singh Respondent Counsel :- C.S.C. Hon'ble Satyendra Singh Chauhan,J.
Heard learned counsel for the petitioner and the learned Standing Counsel.
Notice on behalf of opposite parties no.1 to 4 has been accepted by the
learned Standing Counsel, who prays for and is granted four weeks’ time to
file counter affidavit. Two weeks thereafter is allowed to the counsel for the
petitioner for filing rejoinder affidavit.
List thereafter.
The argument on behalf of the petitioner is that the transfer order ought to
have been passed by the Police Establishment Board and in spite of finding
recorded by this Court in the earlier order disposing of the writ petition of the
petitioner vide order dated 8.7.2010 the said fact has been ignored and the
Deputy Inspector General of Police has proceeded to pass the impugned
transfer order, which prima facie, appears to be bad in law. It is also to be
noted that no such liberty was given to any officer to pass the transfer order.
Considering the aforesaid facts, operation of the transfer order dated
22.7.2010 shall remain stayed. However, it will be open for the Police
Establishment Board to pass a fresh order in accordance with law.
Order Date :- 13.8.2010
Rao/-