Heard learned counsel for the petitioners and the learned Standing Counsel for the opposite parties.
Learned counsel for the petitioners submits that the impugned order of transfer, Annexure No. 1 to the Writ Petition, does not reveal that it has been issued pursuant to any conscious decision of the Police Establishment Board 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 contended that the Police Establishment Board established by the State Government, has not been constituted as per the direction of the Hon'ble Apex Court.
Learned Standing Counsel prays for and is allowed time to seek instructions in this regard. He may file counter affidavit within three weeks. Rejoinder affidavit, if any, may be filed within a week thereafter.
List after the expiry of the aforesaid period.
Till the next date of listing, operation of the impugned transfer order dated 6.4.2010, so far as it relates to the petitioners, shall remain stayed provided the new incumbent has not joined on the place in question.
Order Date :- 22.6.2010 Rizvi