Heard learned counsel for the petitioners 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.
The submission of the learned counsel for the petitioners is that the petitioners, who are Head Constable and Constables have been transferred from their present place of posting to other districts by the impugned order dated 24.5.2010 and 3.5.2010 (Annexure No. 1 and 2 to the Writ Petition) and although the impugned transfer orders show that it were passed pursuant to some decision taken by the Police Establishment Board, but the said Police Establishment Board has not been constituted in accordance with the direction of the Hon'ble Supreme Court given in the case of Prakash Singh Vs. Union of India and others reported in 2006(8) SCC 1 as the Police Establishment Board dealing with transfer matters of Sub Inspector and below is headed by I. G. (Establishment) and not by the Director General of Police as directed by the Apex Court in the case of Prakash Singh (supra). Moreover, the Board consists of only four members including the Chairman as against five members directed by the Apex Court.
It has also been submitted that a Division Bench of this Court at Allahabad in Special Appeal No. 850 of 2010 by order dated 28.5.2010, has held that the Board which has considered and approved the transfer order, was not constituted in accordance with the specific direction given by the Hon'ble Supreme Court, therefore, the transfer order has not been passed in accordance with law.
In view of above, the operation of the impugned transfer orders dated 24.5.2010 and 3.5.2010, as contained in Annexure Nos. 1 and 2 to the writ petition, so far as it relates to the petitioners, shall remain stayed till the next date of listing, provided that the new incumbents have not joined on their posts.
Order Date :- 22.6.2010 Rizvi