ARUN KUMAR PATHAK Vs. STATE OF U P

JUDGEMENT

(1.) HEARD Sri Vijay Gautam for the petitioners and Sri M.C.Tripathi, learned Additional Chief Standing Counsel alongwith Piyush Shukla, learned Standing Counsel for the respondents. With the consent of the learned counsel for the parties, all the petitions, which involve a common question of law and fact, are being decided finally at this stage under the Rules of the Court.

(2.) THE petitioners in this bunch of writ petitions are either Sub-Inspector or Constables in U.P. Police Force and have been transferred from one place to another by various orders of transfer which are impugned in these writ petitions.

(3.) SRI M.C. Tripathi, learned Addl. Chief Standing Counsel submitted that in view of the Full Bench decision since the matter of approval of Police Establishment Board has been held to be a mere irregularity, it is submitted that in cases where the approval of the Board is not already obtained, if it is obtained postfacto, it will validate the orders of transfer and the orders of transfer, itself, merely for this reason cannot be held to be illegal.