By means of present writ petition, the petitioner has challenged the impugned transfer order dated 16.06.2010.
The submission of learned counsel for the petitioner is that transfer order has not been passed by the Police Establishment Board headed by Director General of Police as provided by the judgment of Hon'ble Supreme Court rendered in Prakash Singh's case.
From perusal of the impugned transfer order, it is evident that the transfer order of the petitioner and others has been passed in pursuance to the decision taken by the Police Establishment Board dated 05.06.2010. Now, the question remains as to whether the Police Establishment Board headed by the Director General of Police is only has competence to pass the transfer order or the Police Establishment Board headed by the Inspector General of Police is competent to pass the transfer order. This issue requires consideration.
Let a counter affidavit be filed within two weeks. Rejoinder affidavit, if any, may be filed within a week thereafter.
List after expiry of the aforesaid period.
Order Date :- 28.6.2010 Suresh/-