DEV SUMAN DUBEY Vs. STATE OF U P

JUDGEMENT

(1.) THE application for disposal of the application for interim relief is allowed. Heard learned counsel for the petitioners and learned Standing Counsel, who has accepted notice on behalf of opposite parties. By means of the impugned order dated 25.2.2009, the petitioners have been transferred while serving in the police department. Learned counsel for the petitioners has drawn the attention of this Court an interim order dated 15.11.2007 passed in Special Appeal No. 918 (SB) of 2007 (Anek Pal Singh Versus THE state of U.P. and others). While passing the interim order, a Division Bench of this Court has relied upon the Apex Court's judgment, reported in (2006) 8 SCC 1 [Prakash Singh and others Versus Union of India and others] and it has been observed that the order of transfer of employees holding the post of Sub-Inspector and upto the rank of Deputy Superintendent of Police working in the police department may be passed only by the Board constituted in pursuance to the judgment of the Apex Court. Learned counsel for the petitioners submits that they are entitled to the benefit of the interim order passed by a Division Bench of this Court in Anek Pal Singh (supra). It has been informed that a Board has not been constituted in pursuant to the judgment rendered in Prakash Singh's case (supra). Prima facie, a case for interim relief is made out. Admit. Learned Standing Counsel prays for and is allowed six weeks' time to file counter affidavit. Four weeks' time thereafter is allowed to learned counsel for the petitioner to file rejoinder affidavit. List immediately after expiry of the aforesaid period. Till the next date of listing, the operation and implementation of the order dated 25.2.2009 (Annexure 1) passed by the Additional Superintendent of Police (East), In-charge Superintendent of Police, Sultanpur so far it relates to the petitioners, shall be kept in abeyance. However, it shall be open for the opposite parties to pass a fresh order keeping in view the judgment of the Apex Court rendered in Prakash Singh's case (supra).