- (1.) This is an application for the issue of a writ in which the petitioner has pray- ed that on order of the Controller of Grain Shops, Gorakhpur, dated 6-4-1954 stopping the increment of the petitioner for three years with cumulative effect should be quashed and that the District Traffic Superintendent of Sonepur, Opposite party before us, should be directed not to give effect to the said order of the Controller of Grain Shops; Gorakhpur.
(2.) The short facts on which the application is based are these. Petitioner Surendra Mohan Sinha was appointed as a clerk in the. Reserve Store Depot, Samaetipur, on . 29-10-1943. On 8-2-1951, the petitioner's service in the said depot came to an end and the petitioner reported himself to the Assistant Personnel Officer, Resettlement, O. T. Railway. On 9-2-1951, the petitioner's services were placed at the disposal of the General Manager of the said Railway and he was later appointed as a coolie supervisor at Paleza Ghat under the District Traffic Superintendent at Sonepur. In March 1953, the petitioner was appointed under the said District Superintendent as a permanent ticket collector. On 5-12-1953, the petitioner received a chargesheet from the Controller of Grain Shops, North Eastern Railway, Gorakhpur, in, which it was stated that the petitioner was charged with "neglect of duty and slack supervision resulting in loss to the Railway7' in respect of certain matters said to have been committed by the petitioner in November and December 1950. We may state here that the North Eastern Railway is the successor of the old O. T. Railway. The petitioner submitted an explanation to the Controller of Grain Shops, North Eastern Railway, Gorakhpur, and, on 6-4-1954, he received the following order from the Controller: "Your explanation is rejected. Your increment is stopped for three years with cumulative effect." The petitioner has stated in his petition that a copy of the said order was sent to the District Traffic Superintendent, Sonepur, for necessary action. The contention of the petitioner is that the order of the Controller of Grain Shops, Go rakhpur, was without jurisdiction and cannot be given effect to. Subsequent to the filing of the petition, it has been stated by learn'ed counsel for the petitioner that the District Traffic Superin tendent has passed an order giving effect to the order of the Controller of Grain Shops, Gorakh pur. In these circumstances, the petitioner has made two prayers: , (1) that the order of the Controller of Grain Shops, Gorakhpur, be quashed, and (2) that the District Traffic Superintendent, Sonepur, be directed not to give effect to the order ' of the Controller of Grain Shops, Gorakhpur. We may state here that the District Traffic* Superintendent alone has been made a party to the present application.
(3.) A preliminary objection has been taken on b of the opposite party to the effect that no writ can issue in this case inasmuch as the real order which the petitioner wishes to be quashed is the order of the Controller of Grain Shops, Gorakhpur, the location of whose office and residence is outside the territorial jurisdiction of this Court.;