Allahabad High Court
Constable 257 C.P. Ashish Pratap Singh & ... vs State Of U.P., Thru. Prin. Secy.,Home & ... on 8 July, 2010
Author: Shabihul Hasnain
Bench: Shabihul Hasnain
Court No. - 6 Case :- SERVICE SINGLE No. - 4381 of 2010 Petitioner :- Constable 257 C.P. Ashish Pratap Singh & Anr. Respondent :- State Of U.P., Thru. Prin. Secy.,Home & Others Petitioner Counsel :- S.P. Singh Respondent Counsel :- C.S.C. Hon'ble Shabihul Hasnain,J.
Heard learned counsel for the petitioners and learned Standing Counsel.
Notices on behalf of opposite parties 1 to 5 have been accepted by the learned Standing Counsel, who prays for and is granted four weeks' time to file counter affidavit. Petitioners may file rejoinder affidavit within two weeks thereafter.
List after expiry of the aforesaid period. The petitioners have challenged the transfer order on the ground that the Police Establishment Board has not been constituted as directed by the Hon'ble Supreme Court in the case of Prakash Singh & others vs. Union of India & others, reported in (2006) 8 SCC 1. In Special Special Appeal No. 850 of 2010 a division bench of this court while considering the issue came to the conclusion that since the constitution of the Police Establishment Board goes to the very root of the entire police reforms envisaged by the Hon'ble Supreme Court, hence the orders passed by such a 'Board' which is not constituted in letter and spirit the Hon'ble Supreme Court's order can not be justified. In the aforesaid circumstances, the transfer order dated 30.04.2010 as contained in Annexure no. 1 in the writ petition shall remain stayed with respect to the petitioners provided the new incumbent has not joined at the place from where the petitioners have been transferred.
It is clarified that staying the transfer order will not mean stay in perpetuity. It shall only remain operative for the current transfer session.
Order Date :- 8.7.2010 Om.