Raghubar Dayal, J. - (1.) Indra Deo Kumar and three others, Travelling Ticket Examiners of the North Eastern Railway, instituted a suit in the Court of the Munsif, 1st Court, Muzaffarpur, for a declaration that they were entitled to promotion in the grade of Travelling Ticket Inspectors of the grade of Rs. 200/- to Rs. 300/- with effect from March 22, 1957 as per the recommendations of the competent authority, the then Regional Superintendent and that the order of the defendants Nos. 2 and 3, viz., the General Manager, N. E. Railway at Gorakhpur and the Chief Personnel Officer, N. E. Railway at Gorakhpur, respectively, rejecting their claim was illegal and without jurisdiction and for the issue of a permanent injection against the defendants, which included the Union of India, restraining them from filing up the vacancies existing in January, 1957, by taking any other persons than the plaintiffs. The Union of India contested the suit on various grounds,. One of them was that the suit was bad for misjoinder of parties, as defendants Nos. 2 and 3, being servants of the Central Government were neither necessary nor proper parties under Art. 300 of the Constitution and S. 79 of the Code of Civil Procedure.
(2.) On August 12, 1961, an application was filed on behalf of the plaintiffs for calling upon the defendants to file the four documents mentioned in that application, as they were essential to prove the allegations of the plaintiffs in the plaint and as their certified copies could not be issued. The documents were: 1. Recommendation of competent authority (Regional Superintendent, Muzaffarpur) to the General Manager, Gorakhpur, differing from the recommendation of the Selection Board dated 15-1-57. 2. Order of the General Manager by which he rejected the recommendations of the competent authority (i.e. Regional Superintendent.) 3. Letter issued by the General Manager to the Competent Authority (i.e. Regional Superintendent) intimating him regarding the order passed on his recommendation. 4. Mark sheets of the candidates interviewed for the post of T. T. I. and conductors by the Selection Board which sat for interview on 1-1-57, 10-1-57 and 14-1-57 at Muzaffarpur.
(3.) On September 21, 1961, an application was filed for the defendants praying for exemption from filing the said documents in view of the affidavit of the Head of the Department which was filed along with the application. The affidavit was by Shri B. M. Kaul, Chief Personnel Officer, North Eastern Railway, Gorakhpur, and stated: "I have carefully considered these references and the mark sheet of the candidates interviewed for the post of T.T.I. and Conductor and have come to the conclusion that they are unpublished official records relating to the affairs of State and their disclosure will be prejudicial to public interest as they are confidential documents. I do not, therefore, give permission to anyone under section 123 of the Indian Evidence Act, 1872 to produce the documents or to give any evidence derived therefrom." ;