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F. I. REBELLO, ASHOK BHUSHAN, VIRENDRA SINGH
VINOD KUMAR – Appellant
Versus
STATE OF U. P. – Respondent
Hon’ble F.I. Rebello, C.J.—Noticing the conflict of views in two Division Bench judgments of this Court in Shishu Pal Singh v. State of U.P. and others, 2010 (3) ADJ 241 (DB) and another in Special Appeal No. 850 of 2010, State of U.P. and others v. Jagannath Prasad Gaur and others, decided on 28.5.2010, in the matter of transfer of Constables and Head Constables and the interpretation of the U.P. (Civil Police) Constable and Head Constables Service Rules, 2008 (hereinafter referred to as ‘the Rules, 2008’), the matter was referred to a Full Bench by order dated 14th of July, 2010, to answer the following issue :
“(i) Whether pursuant to framing of the U.P. (Civil Police) Constable and Head Constables Service Rules, 2008, the directions issued by the Supreme Court in the case of Prakash Singh v. Union of India, 2006 (8) SCC 1, in exercise of power under Article 142 of the Constitution of India, are no longer applicable in view of what is set out in paragraph 31 of the judgment?”
2. In paragraph 31 of Prakash Singh (supra), the Supreme Court was pleased to direct as under: “In discharge of our constitutional duties and obligations having regard to the aforenoted position, we
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