Court No. - 38 Case :- WRIT - A No. - 36499 of 2010 Petitioner :- Constable 738 Cp Rjaveer Singh And Others Respondent :- State Of U.P. And Others Petitioner Counsel :- Mahendra Prasad Mishra Respondent Counsel :- C.S.C. Hon'ble Pankaj Mithal,J.
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 the 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 30.4.2010.
Order Date :- 24.6.2010
SR
