Surya Kant, J. - (1.) This revision petition has been preferred by the plaintiff whose application under Order 39 Rules 1 and 2 CPC which he had moved in a declaratory suit, has been declined by both the courts.
(2.) The petitioner is an employee of the respondent-corporation, who was working as a Store-keeper/Godown Assistant. On account of certain shortages in the godown, he was charge-sheeted along with a Technical Assistant and the District Manager. It is stated that the departmental proceedings have culminated into an order of recovery of more than Rs. 4 lacs, out of the which the petitioner has been burdened with a liability to pay Rs. 1,94,813/-.
(3.) Challenging the aforesaid order passed by the disciplinary authority, the petitioner has filed the civil suit in which he sought ad-interim injunction against recovery of the amount in dispute. The said ad-interim injunction having been declined, this revision petition has been filed. While issuing notice of motion on 12.12.2003, it was directed that 50% of the amount of recovery shall remain stayed.;