Court No. - 23 Case :- SERVICE SINGLE No. - 4330 of 2010 Petitioner :- C.P.No. 1903 Ghanshyam Singh And Ors. Respondent :- State Of U.P.Through Prin. Secy.Home Lko.And Ors Petitioner Counsel :- M.B.Tiwari Respondent Counsel :- C.S.C. Hon'ble Devendra Kumar Arora,J.
Heard learned counsel for the parties.
Notice on behalf of opposite parties has been accepted by the learned Chief
Standing Counsel.
The learned Standing Counsel 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 petitioners is that this Court after
considering the matter at length passed an interim order finding that the Police
Establishment Board has not been constituted as directed by the Hon’ble
Supreme Court. The said order subjected to challenge in Special Appeal
No.850 of 2010 and this Court while considering the issue came to the
conclusion that since constitution of the Police Establishment 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 transfer orders passed by the opposite parties
do not appear to be correct and justified in the facts and circumstances of the
case.
In the aforesaid circumstances, the transfer order dated 16.06.2010, contained
in Annexure No.1 to the writ petition, shall remain stayed with respect to the
petitioners provided the petitioners have not been relieved from their
respective place of posting.
Order Date :- 30.6.2010
Suresh/-