Court No. - 38 Case :- WRIT - A No. - 36647 of 2010 Petitioner :- Dayashankar Singh Respondent :- State Of U.P. And Others Petitioner Counsel :- Faizan Siddiqui Respondent Counsel :- C.S.C. Hon'ble Pankaj Mithal,J.
In the supplementary affidavit filed today it has been stated that the Police
Establishment Board which granted approval to the transfer of the petitioners
was not properly constituted as the Director General of Police was not the
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 in view of the directions of the Supreme Court in
Prakash Singh and others Vs. Union of India and others 2006(8) SCC 1.
In view of above the petitioner is 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 petitioner shall not be relieved in pursuance of
the impugned order of transfer dated 2.5.2010.
Order Date :- 24.6.2010
R.C.