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Allahabad High Court
Jatan Singh S/O Sipahi Singh vs State Of U.P. Thru Principal … on 17 June, 2010
Court No. - 3

Case :- SERVICE SINGLE No. - 4087 of 2010

Petitioner :- Jatan Singh S/O Sipahi Singh
Respondent :- State Of U.P. Thru Principal Secretary Home Police Services
Petitioner Counsel :- A.P. Singh
Respondent Counsel :- C.S.C.

Hon'ble Shri Narayan Shukla,J.

Heard learned counsel for the petitioner and learned Standing Counsel.

Notices on behalf of opposite parties 1 to 3 have been accepted by the learned
Standing Counsel, who prays for and is granted four weeks’ time to file
counter affidavit. Petitioner may file rejoinder affidavit within two weeks
thereafter.

List after expiry of the aforesaid period.

Submission of learned counsel for the petitioner 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 19.5.2010, contained
in Annexure No.1 to the writ petition, shall remain stayed with respect to the
petitioner provided the new incumbent has not joined on the place in question.

Order Date :- 17.6.2010
Banswar


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