Supplementary-affidavit on behalf of the petitioners filed in Court is taken on record.
Heard learned counsel for the petitioners and learned Standing Counsel for the opposite parties.
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 expiry of the aforesaid period.
Submission of the learned counsel for the petitioners is that though the impugned transfer order of the petitioners, Annexure no.1 to the writ petition, appears to have been issued 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 Apex Court given in the case of Prakash Singh vs. Union of India, reported in 2006 (8) SCC page 1. According to him, the Board was not presided over by the DGP of the State as directed by the Apex Court but by the ADGP/IG (Establishment) who has no authority to preside over the said Board in view of the direction given by the Hon'ble Supreme Court in the case of Prakash Singh (Supra). It has also been submitted that a Division Bench of this Court at Allahabad has observed in a Special Appeal No.850 of 2010 by order dated 28.05.2010 that the Board which has 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 view of the aforesaid circumstances, the operation of the impugned transfer order (Annexure no.1 to the writ petition) so far as it relates to the petitioners, shall remain stayed till the next date of listing provided the new incumbents have not joined on the post of the petitioners.
Order Date :- 22.6.2010 ank