Heard learned counsel for the petitioner and learned Standing Counsel for the opposite parties.
Notices on behalf of opposite parties have been accepted by the learned Standing Counsel, who prays for and is granted 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 learned counsel for the petitioner is that this Court after considering the matter at length passed an interim order and stayed the transfer with the finding that the Police Establishment Board has not applied its mind. The said order was challenged in Special Appeal No. 850 of 2010 and this Court at Allahabad while considering the issue observed that the Board which has considered and approved the transfer order was not constituted in accordance with the specific directions of the Hon'ble Supreme in the case of Prakash Singh versus Union of India 2006(8) SCC 1, therefore, the transfer order has not been passed in accordance with law and since the constitution of the 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 impugned 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 20.05.10, Annexure 1 the writ petition, so far as it relates to the petitioner shall remain stayed till the next date of listing, provided the new incumbent has not joined in place of the petitioner.
Order Date :- 22.6.2010 Kan