In the supplementary affidavit filed today it has been stated that the Board was not properly constituted as the Director General of the Police was not Chairman of the Board.
A division Bench of this Court in Special Appeal No. 850 of 2010 (State of U.P. and others Vs. Jagannath Prasad Gaur and others) has held that such a Board which does not have the Director General of Police as Chairman is not a properly constituted Board pursuant to directions of the Supreme Court in Prakash Singh and others Vs. Union of India and others 2006 (8) SCC 1.
In view of the above, the petitioners are entitled to interim protection.
Learned Standing Counsel prays for and is allowed two weeks' time for filing counter affidavit.
Connect and list along with Writ Petition No.25016 of 2010.
Till the next date of listing, the petitioners shall not be relieved in pursuance of the impugned orders of transfer dated 21.05.2010.
Order Date :- 25.6.2010 vinay