State Of U.P. Thru' Secretary (Home) ... vs 1155/379 C.P. Ravindra Singh & Others on 1 February, 2011
Since the Full Bench in the case of Vinod Kumar(Supra) has upheld the validity of the constitution of various Police Establishment Boards by notification dated 12.3.2008 and relying on the aforesaid Full Bench decision, a Division Bench of this Court in the case of State of U.P. & others Vs. C.P. Ravindra Singh (Supra) has found that in case the transfer order has been issued with the approval of the Regional Police Establishment Board, it would not render the transfer order bad, I am of the considered opinion that in case the transfer order has been passed with the approval of the Regional Police Establishment Board, it would not render the order bad. The observation of the Court in the order dated 28.8.2010 passed in the Writ Petition No. 3838 (S/S) of 2010 is to be read in the manner that the approval of the Police Establishment Board duly constituted was required. Since the validity of the Regional Police Establishment Board has been upheld and the present transfer order has been issued with the approval of the Regional Police Establishment Board, the order impugned can not be said to be bad in law merely because it was observed by the Court in its order dated 28.8.2010 that the approval of the Board constituted by the notification dated 12.3.2008 was required.