BHANU PRATAP Vs. STATE OF U P

JUDGEMENT

(1.) HEARD Shri Vijay Gautam, learned counsel for the petitioner. Learned Standing counsel appears for the respondents.

(2.) BY these writ petitions the petitioners serving as constables in civil police and posted at Ghaziabad have prayed for setting aside their transfer orders dated 2.1.2009 made by the Deputy Inspector General of Police, Meerut Zone-respondent No. 3; and the orders dated 6.1.2009 passed by the Senior Superintendent of Police, Ghaziabad-respondent 4 relieving the petitioners to join at the transferred places at Bulandshahar and Baghpat (within the Meerut Range, Meerut) by 8.1.2009.

(3.) SHRI Vijay Gautam submits that the recommendation No. 5 of the Supreme Court in Prakash Singh's case provides for constitution of Police Establishment Board, which shall decide all transfer, posting and promotions and other service related matters of the officers below the rank of Deputy Superintendent of Police. He submits that the transfer can be made only by the Police Establishment Board constituted for the purpose. The clarification in the Government Order dated 27th November, 2008 are in violation the directions of the Supreme Court in Prakash Singh's case and should not be considered for its implementation by the High Court.