VISHNU KANT JHA Vs. STATE OF U.P

JUDGEMENT

(1.) Heard learned counsel for the petitioners and learned Standing Counsel.

(2.) It is not disputed that the impugned order of transfer has been passed by the Senior Superintendent of Police with the approval of the District Level Police Establishment Board constituted in accordance with government order 8/4/2010. In compliance with the order of Apex Court in the judgment of Prakash Singh v. Union of India reported in (2006) 8 SCC 1.

(3.) Learned counsel for the petitioners, however, stated that there are government orders requiring approval of Directorate of Traffic with regard to the transfer. A D.O/circular letter dtd. 26/9/2009 issued by Director General of Police (hereinafter referred to as 'DGP ') has been annexed by the petitioners at page no. 63 to the writ petition as Annexure-3. In view of the above circular, it is contended that Police Personnel from traffic police should not be removed/shifted without permission of the Directorate Traffic.