Court No. - 6 Case :- SERVICE SINGLE No. - 4562 of 2010 Petitioner :- Chandra Prakash Respondent :- State Of U.P.Through The Principal Secy. Home Lucknow & Ors. Petitioner Counsel :- K.K.Shukla,D.K.Singh Respondent Counsel :- C.S.C. Hon'ble Shabihul Hasnain,J.
Heard Sri D. K. Singh, learned counsel for the petitioner and
learned Standing counsel for the opposite parties.
Earlier the petitioner was transferred. Writ Petition No.3388 (S/S)
of 2010 was filed challenging the same. In that writ petition the
order of transfer was stayed with a direction to pass fresh order to
meet out the exigencies of service. The authorities have again
transferred the petitioner but the approval of the Regional Police
Establishment Board, Devi Patan Range, Gonda has been obtained.
Learned counsel for the petitioner has argued that even this can not
be done in view of the judgment passed by Hon’ble Supreme Court
in Prakash Singh and others Versus Union of India and others,
2006 (8) SCC 1. He argued that several writ petitions have been
filed and indulgence has been granted by this Court. The orders
should have been passed by Police Establishment Board as
envisaged by Hon’ble Supreme Court in the aforesaid case.
Accordingly, once again this Court is bound to show indulgence in
this matter.
The petition is allowed. The order of transfer dated 9.6.2010, as
contained in annexure No.1 to the writ petition, is hereby quashed
with a direction that the opposite parties shall be at liberty to pass
appropriate orders in accordance with law to meet out the exigency
of service.
Order Date :- 9.7.2010
RKM.