PRITI DASH Vs. ABHIMANYU BEHERA

JUDGEMENT

(1.) This revision application arises out of an order passed by the Additional District Judge, Bhubaneswar, vacating the order of injunction passed by the Civil Judge (Senior Division), Bhubaneswar.

(2.) The petitioner has filed T. S. No. 541/99 in the Court of the learned Civil Judge (S.D.), Bhubaneswar, alleging therein that she was a permanent employee of the Kalinga Law College, Bhubaneswar, and opposite party No. 1, the Principal, falsely posing himself as the Secretary of the said college, illegally terminated her service. Petitioner's further case is that there was no legally constituted Governing Body to manage the affairs of the college and the existing Governing Body had no jurisdiction to terminate her service. With the aforesaid background, the petitioner, who is the plaintiff in the trial Court, has prayed for a declaration that the order terminating her services is illegal. She has also prayed for a permanent injunction against the present O.P. No. 1 restraining him from acting as the Secretary of the College.Along with the plaint, the petitioner also filed an application under Order 39, Rules 1 and 2 of the Code of Civil Procedure registered as M.C. No. 482 of 1999, praying for issuance of an ad interim injunction against the present O.P. No. 1 restraining him from withdrawing money from the account of the college in the State Bank of India till disposal of the suit.

(3.) The trial Court after hearing parties passed an order restraining the present O.P. No. 1, the Principal of the College, not to withdraw any money in the capacity of the Secretary of the Governing Body of the College till disposal of the suit. Admittedly, the prayer of the plaintiff is the suit is for a declaration that the order of termination of her services was illegal. The trial Court passed the order of ad interim injunction on the reasonings stated in para 8 of the order, which are as follows :-