Heard learned counsel for the petitioners and perused the record.
Notice on behalf of opposite parties no.1 to 4 has been accepted by the learned Standing Counsel� who prays for and is granted four weeks' time to file counter affidavit. Petitioners may file rejoinder affidavit within two weeks thereafter. List after expiry of the aforesaid period.
Submission of learned counsel for the petitioners is that this Court after considering the matter at length passed an interim order finding that the Police Establishment Board has not been constituted as directed by the Hon'ble Supreme Court. The said order subjected to challenge in Special Appeal No.850 of 2010 and this Court while considering the issue came to the conclusion that since constitution of the Police Establishment Board goes to the very root of the matter, therefore, there was no illegality in the order passed by the learned Single Judge.
Once the interim order passed by the learned Single Judge received the seal of the special appellate court, the transfer order passed by the opposite parties does not appear to be correct and justified in the facts and circumstances of the case.
In the aforesaid circumstances, the transfer order dated 22.6.2010, contained in Annexure No.1 to the writ petition, shall remain stayed with respect to the petitioners provided the petitioners have not been relieved .
List immediately after expiry of the aforesaid period.
Order Date :- 29.6.2010 ashok