Supplementary-affidavit filed on behalf of the petitioner in Court is taken on record.
Heard learned counsel for the petitioner and 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 order dated 26.06.2008 but he was not relieved and subsequently the transfer order was stayed for one year by the D.I.G. vide order dated 27.06.2009 and now, after the expiry of the said period, relieving order dated 15.06.2010 (Annexure no.1 to the writ petition) has been passed.
It has also been submitted that the transfer order was not passed pursuant to any consideration or conscious decision of the Police Establishment Board as directed by the Hon'ble Supreme Court in the Case of Prakash Singh vs. Union of India 2006 (8) SCC page 1. It has also been submitted that the petitioner has neither been relieved nor any incumbent has joined in his place till date. A transfer order which has not been passed pursuant to any consideration/approval of the Police Establishment Board is not in accordance with law.
In view of the aforesaid circumstances, the operation of the impugned relieving order dated 15.06.2010 (Annexure No.1 to the writ petition) and transfer order dated 26.06.2008, so far as it relates to the petitioner, is stayed till the next date of listing, provided new incumbent has not joined in place of the petitioner.
Order Date :- 24.6.2010 ank