K.N. SINGH, J.

1. Union of India has filed this petition under Article 226 of the Constitution challenging the order of the Additional District Judge, Gorakhpur granting temporary injunction in favour of Kedar Rai, Plaintiff-Respondent, restraining the Union of India and the General Manager, North Eastern Railway, Gorakhpur from removing the Plaintiff from service during the pendency of his suit,

2. Kedar Rai is employed as a Clerk in the North Eastern Railway. He was served with charges of misconduct, and after enquiry the appointing authority namely, the Assistant Personnel Officer awarded a minor punishment to the Plaintiff-Respondent by reducing him to a lower scale in the time scale of his pay. The order of punishment was reviewed by the Deputy Chief Personnel Officer, the next higher authority who affirmed the order of the Assistant Personnel Officer. Subsequently the General Manager took cognizance of the matter and issued a notice to the Respondent calling upon him to show cause as to why punishment awarded to him be not enhanced and converted into removal from service. The Respondent on receipt of the show cause notice filed a suit in the Munsif's court for declara