Heard learned counsel for the petitioenr and the learned Standing Counsel for 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, was transferred from District Lucknow to Faizabad Range by the order dated 26.7.2008 passed by the D.I. G. Lucknow but he was not relieved and subsequently on 20.7.2009 the transfer was stayed for one year by the I.G. Range, Lucknow and now vide relieving order dated 15.6.2010, Annexure No.1 to the writ petition, the petitioenr has been ordered to be relieved. It has also been submitted that in a case this Court, after considering the matter at length stayed the transfer order with the observation that the Police Establishment Board has not applied its mind. The said order was challenged in Special Appeal No. 850 of 2010 and a Division Bench of this Court while considering the issue came to the conclusion that the Board which had considered and approved the transfer in question was not constituted in accordance with the specific directions given by the Hon'ble Supreme Court in the case of Prakash Singh vs. Union of India 2006 (8) SCC 1, therefore, the transfer order has not been passed in accordance with law and since the 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.
In the aforesaid circumstances, the operation of the impugned relieving order (Annexure no.1 to the writ petition) issued pursuant to the transfer order is stayed till the next date of listing, provided the new incumbent has not joined in place of the petitioner.
Order Date :- 22.6.2010 Muk