Heard learned counsel for the petitioner and the learned Standing Counsel for the opposite parties, who prays for and is allowed four weeks' time to file counter affidavit. Rejoinder affidavit, if any, may be filed within two weeks thereafter.
List after expiry of the aforesaid period.
Learned counsel for the petitioner submitted that the petitioner, who is a Sub Inspector and presently holding charge of a Police Station in District Raebareli, was transferred to Mainpuri vide order dated 5.6.2009, against which he approached this Court and this Court by order dated 31.7.2009 passed in Writ Petition No. 446 (SS) of 2009 has kept that order in abeyance. It has also been submitted that by order dated 28.7.2009 (Annexure 1 to the writ petition) his transfer order dated 5.6.2009 was modified and in place of Mainpuri, he was transferred to Lakhimpur Kheri, but he was not relieved and continued to work at Rae Bareli, but now the petitioner is being relieved pursuant to that transfer order, in view of the Circular dated 30.6.2010 (Annexure No. 2 to the Writ Petition) of the Director General of Police.
It has also been submitted that the petitioner has not been transferred pursuant to any decision taken by the Police Establishment Board as has been directed by the Hon'ble Supreme Court in the case of Prakash Singh Vs. Union of India and others reported in 2006(8) SCC 1. Further submission of the learned counsel for the petitioner is that a Division Bench of this Court at Allahabad in Special Appeal No. 850 of 2010, vide order dated 28.5.2010, has observed that the Board which has considered and approved the transfer order in question, was not constituted in accordance with the specific direction by the Hon'ble Supreme Court, therefore, the transfer order has not been passed in accordance with the law, but the impugned transfer order has neither been considered nor approved by the Police Establishment Board.
In view of above, the operation of the impugned transfer order dated 5.6.2009 as contained in Annexure no. 1 to the writ petition, shall remain stayed till the next date of listing provided the new incumbent has not joined at the place of petitioner.
Order Date :- 22.6.2010 Rizvi