Court No. - 40 Case :- WRIT - A No. - 35178 of 2010 Petitioner :- A.S.I. (M) Rajendra Kumar Respondent :- State Of U.P. & Others Petitioner Counsel :- Raj Narain Respondent Counsel :- C.S.C. Hon'ble Krishna Murari,J.
Heard learned counsel for the petitioner and learned Standing counsel.
It is contended that the impugned order of transfer dated 8.6.2010 passed by
respondent no.4 without 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. Petitioner 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 8.6.2010 passed by
respondent no.4 in so far as it relates to the petitioner shall remain stayed.
Order Date :- 16.6.2010
Kpy