CHANDRAMA SINGH Vs. YASODANANDAN SINGH

JUDGEMENT

(1.) This application, under Section 115 of the Code of Civil Procedure, (hereinafter referred to as 'the Code') is directed against an order of the District Judge dated the 7th July, 3,971, passed in Misc. Appeal No. 17 of 1971, refusing to stay the operation of the ad interim order of injunction dated, the 17th May, 1971, passed by the Subordinate Judge, in title Suit No. 20 of 1971, whereby he had directed the petitioner (defendant No. 2) and Begun Sumbrai, (opposite party No. 2 -- defendant No. 1), the then Minister of Excise. Government of Bihar, to maintain the status quo, and further restrained the petitioner from joining the post of the Superintendent of Excise, Chaibassa, until further orders.

(2.) In order to appreciate the point involved in this application for consideration by this Court it will be necessary to state briefly the facts. Yasodanandan Singh opposite party No. 1, who, was functioning as the Excise Superintendent at Chaibassa, instituted the said title suit on the 17h May, 1971, impleading the petitioner and the then Excise Minister, Begun Sumbrai, as defendants. In Paragraph 5 of the plaint he alleged that the Excise Minister was very much prejudiced and hostile to him, as he did not fulfil illegal directions issued by the Minister, who lost temper, and on the 4th May, 1971, threatened the plaintiff to transfer him to some distant place, as he had not obliged him. On the 10th May, 1971, the plaintiff had been to Patna to attend Excise Officers' Conference, when the Minister summoned him at his residence, and asked the plaintiff to mend his ways and to tender apology for not carrying out his orders. The plaintiff thereupon submitted that he was all along following the rules and it would not be possible for him to carry out the illegal order passed by him upon which the Minister became furious, and threatened to transfer him within a week. In Paragraph 6 of the plaint it is stated that the action of the Minister in making transfer of the plaintiff from Chaibassa and posting the petitioner in his place was motivated and it was only to penalise the plaintiff. In paragraph 7 he stated that the cause of action for the suit arose on the 4th May, 1971, when the defendant No. 1 threatened the plaintiff at Chaibassa, on the 10th May, 1971, at Patna and lastly on the 14th May, 1971, when the plaintiff learnt at Chaibassa that defendant No. 1 was going to transfer him. In the suit he sought amongst others the following two reliefs:

(3.) It will be relevant to mention here that when the suit was filed on the 17th May, 1971, it was morning court. On that very date a notification in Hindi was issued by the State Government making certain transfers including that of the plaintiff and the petitioner, the relevant portion of which is quoted below in Roman: