Court No. - 38 Case :- WRIT - A No. - 36750 of 2010 Petitioner :- Constable 64 C.P. Sadan Yadav & Others Respondent :- State Of U.P. & Others Petitioner Counsel :- Akhilanand Mishra Respondent Counsel :- C.S.C. Hon'ble Pankaj Mithal,J.
In the supplementary affidavit it has been stated that the Board was not
properly constituted.
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 order of transfer dated 16.6.2010.
Order Date :- 25.6.2010
SKS