UNION OF INDIA Vs. BHUNESHWAR PRASAD

JUDGEMENT

(1.) This application has been filed by the defendant in a pending suit. It is directed against the order of the learned District Judge, affirming the order of the learned Munsif, granting an injunction in favour of the plaintiff until the disposal of the suit instituted by him. The facts necessary for the decision of this application are as follows. According to the plaintiff, he was employed as a "C" grade engine driver under the Eastern Railway and during the course of his employment, an accident had happened on the 14th of June, 1960, the train driven by the plaintiff had collided with a pilot engine which was standing on the down main line at Kusunda. As a result of this accident, an enquiry had been held and the Divisional Mechanical Engineer of Dhanbad reduced the pay of the plaintiff, for six months, from Rs. 105/- to Rs. 95/-, by his order dated the 5th January, 1961. Thereafter certain proceedings were taken by the Divisional Superintendent (Transport) of Dhanbad, who passed an order on the 25th of March, 1951, ordering the removal of the plaintiff from service, the removal to be effective from the 1st of May, 1961. The present suit was instituted on the 10th of April, 1961. The substantial reliefs claimed by the plaintiff are as follows:

(2.) Learned Counsel for the petitioner has then submitted that the order of temporary injunction passed to this case may be interpreted to mean that the plaintiff is entitled to ask the defendant to put him in charge of an engine to be run by the plaintiff, whereas the defendant has no faith in the ability of the plaintiff in running an engine. It appears to me that the apprehension of learned Counsel for the petitioner in this context unfounded. Ail that the temporary injunction granted by the Courts below mean is that the defendant will be restrained from removing the plaintiff from Ms service, until the decision of the suit pending in the trial Court.

(3.) It appears that this is a fit case in which the suit should be decided as expeditiously as possible. Learned counsel for both the parties have stated that their clients have no objection to an early disposed of the suit. The trial Court will, therefore, make its best effort to dispose of the suit at an early stage, and, it possible, before the end of March, 1963,