Allahabad High Court
C.P. 348 Sitaram Yadav And Others vs State Of U.P. And Others on 24 June, 2010
Author: Pankaj Mithal
Bench: Pankaj Mithal
Court No. - 38 Case :- WRIT - A No. - 36489 of 2010 Petitioner :- C.P. 348 Sitaram Yadav And Others Respondent :- State Of U.P. And Others Petitioner Counsel :- Amit Kumar Rai Respondent Counsel :- C.S.C. Hon'ble Pankaj Mithal,J.
The argument of learned counsel for the petitioners is that the police Establishment Board which granted approval to the transfer of the petitioners was not constituted properly as the Director General of 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 direction 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 may file counter affidavit within two weeks.
Connect and list 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 24.4.2010 and 26.4.2010 Order Date :- 24.6.2010 SR