Heard Shri A.P. Singh, learned counsel for the petitioners and the learned Standing Counsel for the State.
List and connect with Writ Petition No. 3866(S/S) of 2010. By means of this petition, transfer order dated 11.8.2009, Annexure no. 1 to the writ petition, has been challenged.
It has been submitted on behalf of the petitioners that pursuant to the transfer order, the petitioners are being relieved now. It has also been submitted that in various writ petitions, this Court has found that the transfer orders have been passed in violation of the orders of the Apex Court made in the case of Prakash Singh Vs. Union of India and others reported in 2006 Vol. 8 SCC 1 as the Police Establishment Board has not been constituted in accordance with the direction of the Apex Court.
It has been pointed out that a Division Bench of this Court at Allahabad in Special Appeal No. 850 of 2010 has observed that the Board which had considered and approved the transfer order in question, was not constituted in accordance with the specific direction given by the Hon'ble Supreme Court and, therefore, the transfer order was not passed in accordance with the law. Learned Standing Counsel prays for and is allowed two weeks' time to seek instructions as to whether or not, the Police Establishment Board has been constituted in accordance with direction of the Apex Court. List in first week of July, 2010.
Till the next date of listing, the operation of the impugned order (Annexure no. 1) so far as it relates to the petitioners, shall remain stayed provided that the new incumbents have not joined on the post of petitioners. Order Date :- 21.6.2010 Rizvi