O P KAPOOR Vs. UNION BANK OF INDIA

JUDGEMENT

(1.) The appeal is by the plaintiff. He sought a declaration and permanent/mandatory injunction against the defendant against denial of special allowance that was being paid to him by the defendant.

(2.) The plaintiff was being paid a special allowance and therefore he was referred as a 'Daftri'. There was a disciplinary enquiry against him resulting in the punishment whereby the special allowance was withdrawn. This is under challenge. The defendant inter alia questioned the jurisdiction of the Civil Court to entertain the suit.

(3.) This preliminary objection was up held by the Trial Court as well as by the lower Appellate Court. Trial Court has not gone into the merits of the case. The short question that arises for consideration is whether the suit filed by the appellant is maintainable and whether the Civil Court has jurisdiction to entertain the suit.