While assailing the impugned transfer order dated 19.3.2010 passed by respondent No.3, learned counsel for the petitioners contends that the aforesaid transfer order has been passed without there being prior approval of the Police Establishment Board. In the submissions of the learned counsel for the petitioners this transfer order is in teeth of the judgment of the Apex Court in the case of Prakash Singh & Ors. Vs. Union of India & Ors., reported in (2006) 8 SCC 1. This fact could not be disputed at this stage by the learned Standing Counsel.
In view of that learned Standing Counsel, who has accepted notices on behalf of the respondents is directed to file counter affidavit within four weeks. Rejoinder affidavit, if any, may be filed by the petitioners within two weeks thereafter.
As an interim measure, without prejudice to the right and contention of the parties, it is provided that if the petitioners have not joined pursuant to the impugned orders, they will not be insisted to join at their transferred place till the next date of listing.
Order Date :- 22.6.2010 Mustaqeem.