Allahabad High Court
Constable 58 A.P. Ajay Raj Sachan & ... vs State Of U.P. & Others on 16 June, 2010
Author: Krishna Murari
Bench: Krishna Murari
Court No. - 40 Case :- WRIT - A No. - 35142 of 2010 Petitioner :- Constable 58 A.P. Ajay Raj Sachan & Another Respondent :- State Of U.P. & Others Petitioner Counsel :- Raja Singh Respondent Counsel :- C.S.C. Hon'ble Krishna Murari,J.
Heard arned counsel for the petitioners and learned Standing counsel.
It is contended that the impugned order of transfer dated 23.5.2010 passed by respondent no.5 with the approval of Police Establishment Board is illegal in as much as the constitution of the Board headed by an officer other than the Director General of Police has been held to be not validly constituted and against the specific directions issued by Hon'ble Supreme Court in the case of "Prakash Singh and others Vs. Union of India and others reported in 2006(8) SCC 1", by Division Bench of this Court vide order dated 28.5.2010 in Special Appeal No.850 of 2010.
Prima-facie the matter requires scrutiny.
Learned Standing counsel prays for and is granted four weeks time to file counter affidavit. Petitioners will have three weeks thereafter to file rejoinder affidavit.
List for admission after expiry of the aforesaid period.
Considering the facts and circumstances, till the next date of listing the effect and operation of impugned transfer order dated 23.5.2010 passed by respondent no.5, in so far as it relates to the petitioners shall remain stayed.
Order Date :- 16.6.2010 AKJ