Honble Amitava Lala, ACJ.—This special appeal is arising out of an order dated 22.12.2009 passed by a learned Single Judge in Civil Misc. Writ Petition No. 69798 of 2009 holding that there is difference between the Constable and other Officers of the police force in respect of passing the order of transfer by the Police Establishment Board. In other words, it has been held that the Police Establishment Board relating to Inspector is different whereas in respect of the petitioner-appellant who is a Constable, the constitution of the Board is different.

2. Learned counsel appearing for the appellant has contended before us that in view of the judgement in Prakash Singh and others v. Union of India and others, (2006) 8 SCC 1, “there shall be a Police Establishment Board in each State which shall decide all transfers, postings, promotions and other service related matters of officers of and below the rank of Deputy Superintendent of Police. The Establishment Board shall be a departmental body comprising the Director General of Police and four other senior officers of the Department. The State Government may interfere with the decision of the Board in exceptional cases”. However