Heard learned counsel for the petitioners and learned Standing Counsel for the opposite parties.
Learned Standing Counsel 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.
Learned counsel for the petitioners submitted that against the transfer order dated 28.5.2010 some of the petitioners had earlier approached this Court by filing Writ Petition No. 4099 (S/S) of 2010 and this Court by order dated 17.6.2010, Annexure No.2 to the writ petition, has stayed the said transfer order but before a copy of the court's order could be served upon the opposite parties, a fresh transfer order dated 16.6.2010, Annexure No.1 to the writ petition has been passed. It is also submitted that the Police Establishment Board which has considered and approved the transfer of the petitioners, has not been constituted in accordance with the specific directions issued by the Hon'ble Supreme Court in the case of Prakash Singh vs. Union of India 2006 (8) SCC 1, as the Police Establishment Board has not been presided over by the D.G.P. as directed by the Apex Court and is headed by the I.G. (Establishment). It has been pointed out that a Division Bench of this Court at Allahabad in Special Appeal No. 850 of 2010, by order dated 28.5.2010, has observed that the Board which had considered and approved the transfer order in question was not constituted in accordance with the specific directions given by the Hon'ble Supreme Court, therefore, the transfer order has not been passed in accordance with law.
In the aforesaid circumstances, the transfer order dated 16.6.2010, contained in Annexure No.1 to the writ petition, shall remain stayed till the next date of listing so far as it relates to the petitioners, provided the new incumbents have not joined in place of the petitioners, pursuant to the impugned transfer order.
Order Date :- 23.6.2010 Muk