HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 39 Case :- WRIT - A No. - 67046 of 2011 Petitioner :- Rama Shankar Rai And Anr. Respondent :- State Of U.P. And Others Petitioner Counsel :- Vijay Gautam Respondent Counsel :- C.S.C. Hon'ble Rajes Kumar,J.
The petitioners are the Constable drivers. Petitioner no. 1 has been transferred from Ballia to Azamgarh and petitioner no. 2 has been transferred from Ballia to Sonebhadra by the order dated 28.6.2006. The said order has not been enforced. Vide order dated 12.11.2011 the said order is being enforced and the petitioners are directed to be relieved on 14.11.2011.
The contention of the petitioners is that till today they have not been relieved. It is submitted that there is no justification for enforcing the transfer order dated 28.6.2006 after five years inasmuch as now the transfer can only be made by the Police Establishment Board. No such approval has been taken from the Board for enforcing such order. Therefore, the transfer order is wholly unjustified.
Prima facie, there is substance in the argument of learned counsel for the petitioners.
Learned Standing Counsel may file counter affidavit within four weeks. Rejoinder affidavit may be filed within two weeks thereafter.
List thereafter.
Till the next date of listing, the operation of the order dated 12.11.2011 issued by the Superintendent of Police, Ballia shall remain stayed provided the petitioners have not yet been relieved.
Order Date :- 23.11.2011 OP