SUDHIR AGARWAL
TAHSILDAR SINGH (CONSTABLE 289 CP) – Appellant
Versus
STATE OF U. P. – Respondent
Hon’ble Sudhir Agarwal, J.—Fifteen petitioners working as Constable posted in District Etah have been transferred by means of the impugned orders dated 18.9.2009, 20.9.2009 and 22.9.2009, copy whereof has been filed collectively as Annexure-3 to the writ petition. The aforesaid orders of transfer have been passed in public interest by the Superintendent of Police (Establishment), acting on behalf of Deputy Inspector General of Police (Establishment), U.P. Police Head Quarters, Allahabad. It is also evident from the impugned orders that the same have been issued after concurrence of the Police Establishment Board which has been obtained in view of the Apex Court decision in Prakash Singh and others v. Union of India and others, (2006) 8 SCC 1. It is clearly averred in para 5 of the writ petition that the petitioners are posted in District Etah for the last more than ten years.
2. Sri Nisheeth Yadav, Advocate has assailed the impugned orders of transfer contending :
(A) The transfer of all the members of police officers of subordinate rank is governed by the Government Orders dated 7.2.1980, 27.6.1984 and 25.3.1995, but ignoring the same the impugned orders have been passed.
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