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 the petitioner, who is posted as Sub-Inspector in district Balrampur, has been transferred to Lucknow Range by the impugned order dated 31.05.2010, Annexure 1 to the writ petition, which has not been considered and approved by the Police Establishment Board duly constituted in accordance with the direction of the Hon'ble Apex Court given in the case of Prakash Singh versus Union of India 2006 (8) SCC 1, as the Police Establishment Board which has approved the transfer of the petitioner is headed by the I.G. (Establishment) and not by the D.G.P. of the State as directed by the Hon'ble Supreme Court. It is also submitted that a Division Bench of this Court at Allahabad vide order dated 28.05.10 passed in Special Appeal No. 850/2010, has observed that the Board which had 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.
In view of above, the impugned transfer order, Annexure 1 to 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