1. The appellant instituted the present suit for a declaration that the order of Defendant No. 1 dated the 20th May, 1965, directing him to revert back from his present post of Assistant Permanent Way Inspector to his original post, namely, Permanent Way Mistry, on expunging his name from the final panel, was illegal and without jurisdiction.

2. The plaintiff admittedly was appointed a Gangman in the Eastern Railway in October, 1956, and in due course was promoted to the aforesaid post. He had instituted a suit for the same relief earlier also, being Title Suit No. 411 of 1965, in the same court. It is not necessary to state the reasons and grounds upon which the impugned order was challenged by the plaintiff for the point that has been raised for my consideration, at this stage. In that suit one of the points raised by the defendants was the maintainability of the suit for non-compliance of the provisions of Section 80 of Civil P. C. The trial Court, however, proceeded to decide the suit in spite of this objection and the clear provisions of Section 80 of the Code, that no suit shall be instituted against the Government or a public officer in respect of any act purporting