In the supplementary affidavit filed today it has been stated that the Police Establishment Board which granted approval to the transfer of the petitioner 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 orders of transfer dated 24.4.2010 and 5.5.2010.
Order Date :- 25.6.2010 R.C.