Court No. - 27 Case :- SERVICE SINGLE No. - 3410 of 2010 Petitioner :- Yashwant Singh Respondent :- State Of U.P. Through Principal Secy.Dept.Of Home And Others Petitioner Counsel :- S.P.Singh Respondent Counsel :- C.S.C. Hon'ble Devi Prasad Singh,J.
Heard learned counsel for the petitioner and the learned Standing counsel.
Petition, under Article 226 of the Constitution of India has been preferred by
the petitioner against the impugned order of transfer.
The submission of the learned counsel for the petitioner is that the impugned
order of transfer has been passed by the D.I.G, who is not competent
authority. In view of direction issued by the Hon’ble Supreme Court in a case
reported in (2006) 8 SCC 1; Prakash Singh and others Vs. Union of India
and others, the order of transfer should have been passed by the Police
Establishment Board.
Since, petitioner has approached this Court after lapse of three years, there is
no justification to interfere with the impugned order. However, it is provided
that subject to further pronouncement of this Court or Hon’ble Supreme Court,
transfer orders shall be passed in view of law laid down in Prakash Singh’s
case (supra).
Subject to above, writ petition is disposed of accordingly.
Order Date :- 22.7.2010
Madhu