LAKSHMI CHOUDHARY Vs. UMA SHANKAR PANDEY

JUDGEMENT

(1.) THIS appeal under Order 43 Rule 1 (r) of the Code of Civil Procedure arises from an order holding the appellant guilty of disobedience of an order of injunction in a proceeding under Order 39 Rule 2A of the Code, and directing attachment of his property. The relevant facts are as follows :

(2.) THE sole respondent Dr. Uma Shankar Pandey filed Title Suit No. 222. of 1992 in the court of Munsif 1st, Siwan on 22.6.92 challenging the order of his transfer from the post of Pathologist, Sadar Hospital, Siwan. He applied for temporary injunction. The prayer for injunction was rejected on 23.9.92. He preferred appeal (M.A. 50 of 1992). Sri R. A. Singh, VIth Addl. District Judge, Siwan vide his Judgment and order dated 1.3.93 held that the plaintiff had got prima facie case for injunction, balance of convenience also lay in his favour and he will suffer irreparable injury if injunction was not issued. He accordingly set aside the order of the Munsif dated 23.9.92 and directed the defendant to allow the plaintiff to join his duty as Pathologist in the Sadar Hospital, Siwan and not to interfere with his functioning as Pathologist in the Sadar Hospital till disposal of the suit.

(3.) THE respondent filed application alleging disobedience of the above -said order by the appellant. According to him, he had joined the post of Pathologist in Sadar Hospital, Siwan pursuant to the aforesaid order of the court on 3.3.93 and started performing his duties. However, the appellant was creating hinderance in his functioning. It was stated that his name was left out in the attendance register at the instance of the appellant. He was also not getting his salary. It may be mentioned here that the appellant at the relevant time was posted as Civil Surgeon, Siwan. He was also the Superintendent of the Sadar Hospital, Siwan.