Heard learned counsel for the petitioner and the learned Standing Counsel.
Learned Standing Counsel prays for and is allowed three weeks' time to file counter affidavit. Rejoinder affidavit, if any, may be filed within a week thereafter.
List after the expiry of the aforesaid period.
The submission of the learned counsel for the petitioner is that the Police Establishment Board, which appears to have approved the transfer of the petitioner, a constable in the Civil Police, has not been constituted in accordance with the direction of the Apex Court made in the case of Prakash Singh Vs. Union of India and others reported in 2006(8) SCC 1. It has also been submitted that a Division Bench of this Court at Allahabad, vide order dated 28.5.2010 passed in Special Appeal No. 850 of 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.
Looking to the aforesaid circumstances, till the next date of listing, the operation of the impugned transfer order dated 27.4.2010, so far as it relates to the petitioner, shall remain stayed provided new incumbent has not joined on the place of the petitioner.
Order Date :- 22.6.2010 Rizvi