Court No. - 38 Case :- WRIT - A No. - 36661 of 2010 Petitioner :- Panchoo Lal Gautam Constable 02 & Others Respondent :- State Of U.P. & Others Petitioner Counsel :- G.K. Malviya,A.K. Rai,V.K. Singh Respondent Counsel :- C.S.C. Hon'ble Pankaj Mithal,J.
Supplementary affidavit filed today states that the Police Establishment Board
which had granted approval to the transfer of the petitioners was not properly
constituted as Director General of Police was not the Chairman of the said
Board.
The argument of learned counsel for the petitioners is that the Police
Establishment Board which granted approval to the transfer of the petitioners
was not constituted properly as the Director General of Police was not
Chairman of the Board.
A Division Bench of this Court in Special Appeal No.850 of 2010 (State of
U.P. and others Vs. Jagannath Prasad Gaur and others) has held that such a
Board which does not have the Director General of Police as Chairman is not
a properly constituted Board pursuant to direction of the Supreme Court in
Prakash Singh and others Vs. Union of India and others 2006(8) SCC 1.
In view of above the petitioners are entitled to interim protection.
Learned Standing Counsel may file counter affidavit within two weeks.
Connect and list with Writ Petition No.25016 of 2010.
Till the next date of listing the petitioners shall not be relieved in pursuance of
the impugned orders of transfer dated 26.4.2010 and 1.5.2010.
Order Date :- 24.6.2010
SKS