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1973 Supreme(All) 235

N.D.OJHA, SATISHCHANDRA
Nanak Chand Khanna – Appellant
Versus
Union of India – Respondent


Advocates:
S.N. Shukla, S.R. Misra and B.N. Sapru, for Appellant; Laljo Sinha and Standing Counsel, for Respondent.

Judgement

S. CHANDRA, J. :- The appellant was employed as a booking clerk in the North-Eastern Railway. In January, 1961 he was transferred to Deoria. On 13th October 1969, the Divisional Superintendent passed an order transferring him to Haldharpur Flag Station in the district of Ballia. The appellant made a representation whereupon this order was modified on 12th May, 1970, and instead, he was transferred to Katka Flag Station in the Varanasi Division. The appellant filed a suit in the court of the Additional Munsif, Deoria for a declaration that the two transfer orders were illegal, and for an injunction restraining the Railway authorities from implementing those orders, or from transferring the plaintiff to any other flag station. Along with the plaint the appellant filed an application for an ad interim injunction. The learned Munsif issued an ad interim injunction as prayed. The Railway authorities put in appearance and filed objections to the injunction. On 4th December, 1971, the learned Munsif confirmed the ex parte injunction order. The defendants went up in appeal, but the same was dismissed by the learned District Judge, Deoria on 4th April, 1973.

2. The defendants thereu










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