Heard learned counsel for the petitioners and the learned Standing Counsel for opposite parties.
Learned Standing Counsel prays for and is allowed two weeks' time to seek instructions particularly in respect of the fact whether or not the order of transfer was passed pursuant to approval by the Police Establishment Board.
Opposite parties may file counter affidavit by that time. Rejoinder affidavit, if any, may be filed within a week thereafter.
List after expiry of the aforesaid period.
Learned counsel for the petitioner submitted that since the impugned transfer order passed by the I.G. Range Lucknow dated 29.5.2010 has not been considered and approved by the Police Establishment Board as required in accordance with the observation of the Apex Court in the case of Prakash Singh vs. Union of India reported in 2006(8) SCC page 1, therefore, the transfer order and the consequent relieving order dated 14.6.2010, Annexure No.1 to the writ petition, are bad in law. It has also been pointed out that a Division Bench of this Court at Allahabad in Special Appeal No. 850 of 2010 has observed by order dated 28.5.2010 that the Board which has considered and approved the transfer order in question was not constituted in accordance with the specific directions given by the Hon'ble Supreme Court, therefore, the transfer order has not been passed in accordance with law.
In view of the above said circumstances, the relieving order dated 14.6.2010, contained in Annexure No.1 to the writ petition, shall remain stayed till the next date of listing so far as it relates to the petitioners provided the new incumbents have not joined on the posts of the petitioners.
Order Date :- 22.6.2010 Muk