Heard learned counsel for the petitioner and the learned Standing Counsel for the opposite parties who 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 petitioner submitted that the petitioner was transferred by the DIG Range, Lucknow by order dated 20.10.2008, but the said order was stayed for one year by the I.G. by his order dated 22.07.2009 and now the petitioner has been ordered to be relieved by the impugned order dated 15.06.2010, Annexure no.1 to the writ petition. It is also submitted that as transfer order was not considered and approved by the Police Establishment Board as required by the Hon'ble Supreme Court in the case of Prakash Singh vs. Union of India, 2006 (8) SCC page 1, it is bad in law. It has further been submitted that a Division Bench of this Court at Allahabad in Special Appeal No.850 of 2010, vide order dated 28.05.2010, has observed that the Police Establishment 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. It has been pointed out that in the instant case the transfer of the petitioner has never been considered or approved by the Board.
In view of the aforesaid circumstances, the operation of the impugned relieving order dated 15.06.2010, Annexure no.1 to the writ petition, shall remain stayed, till the next date of listing, so far as it relates to the petitioner, provided the new incumbent has not joined on the post of the petitioner.
Order Date :- 22.6.2010 ank