Heard learned counsel for the petitioners 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 petitioners is that the impugned transfer order of the petitioners dated 15.06.2010 has not been passed pursuant to any decision of the Police Establishment Board as has been directed by the Hon'ble Supreme Court in the case of Prakash Singh vs Union of India, reported in 2006 (8) SCC page 1. A transfer order, which has not been passed pursuant to consideration and approval of the Police Establishment Board, is not in accordance with law.
In view of the aforesaid circumstance, the operation of the impugned transfer order dated 15.06.2010 (Annexure no.1 to the writ petition) so far as it relates to the petitioners, shall remain stayed till the next date of listing, provided new incumbents have not joined on the post of the petitioners.
Order Date :- 24.6.2010 ank