Heard learned counsel for the petitioner 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.
Submission of the learned counsel for the petitioner is that the petitioner has been transferred by the impugned order dated 9.6.2010 which appears to have been issued pursuant to the decision taken by the Police Establishment Board, but the said Police Establishment Board has not been constituted in accordance with the direction of the Hon'ble Apex Court given in the case of Prakash Singh Vs. Union of India and others reported in 2006(8) SCC 1. Learned counsel has also submitted that the Board is not headed by the DGP of hte State as directed by the Apex Court but by the ADGP/IG (Establishment) who has no authority to preside over the said Board. It is also submitted that a Division Bench of this Court at Allahabad has observed by order dated 28.5.2010 in Special Appeal No. 850 of 2010 that the Board which has considered and approved the transfer orde 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 dated 9.6.2010 (Annexure no. 1 to the writ petition) so far as it relates to the petitioner, shall remain stayed till the next date of listing, provided new incumbent has not joined on the post of the petitioner.
Order Date :- 25.6.2010 Rizvi