Court No. - 6 Case :- SERVICE SINGLE No. - 2466 of 2010 Petitioner :- Pradeep Kumar Srivastava Respondent :- State Of U.P.Through General Of Police Special Investigation Petitioner Counsel :- T.N.Tiwari,R.N. Tilhari Respondent Counsel :- C.S.C. Hon'ble Shabihul Hasnain,J.
Heard learned counsel for the petitioner and learned Standing
Counsel for quite some time.
The petitioner has challenged the transfer order on the ground that
the same has been passed in contravention of the judgment and
order passed by the Hon’ble Apex Court in the case of Prakash
Singh & others vs. Union of India & others, reported in (2006) 8
SCC 1. According to the directions issued in this case ‘transfer’ of
police officials is to be made by an independent ‘Police
Establishment Board’. Without its concurrence no transfer should
ordinarily be made. The argument from the petitioner side is that
in the teeth of this judgment there is no occasion for the Inspector
General / Deputy Inspector General / Superintendent of Police or
by any ‘Regional’ or ‘District’ level board to pass any transfer
order. Routine transfers should be made by the ‘Board’ and not by
the individual officers.
On the strength of argument of the petitioner this court feels that
the order of transfer can not be sustained, it is, therefore, quashed.
However, it is provided that the opposite parties are at liberty to
pass a fresh order in accordance with law to meet out the
exigencies of service, if necessary.
With the above observation, the writ petition is allowed.
Order Date :- 12.7.2010
Sadiq/RKM.