- (1.) THE matter comes up on an application (I.A. No.2733/2013) for preponement of the date of hearing. For the reasons stated in the application, the application (I.A. No.2733/2013) is allowed. At the request of learned counsel for the petitioner, matter is heard today.
(2.) THIS writ petition has been preferred by the petitioner against the order dated 16.4.2013 passed by the District Judge, Sri Ganganagar in an appeal preferred by the petitioner while challenging the order dated 12.2.2013 passed by the learned Additional Civil Judge (Junior Division) No.1, Sri Ganganagar whereby the application preferred by the petitioner under Order 39 Rule 1 and 2 read with Section 151 C.P.C. has been dismissed. Brief facts of the case are that the petitioner is working as Physical Instructor with the respondent School since 1998. Vide memo dated 2nd of April, 2012, a charge sheet was issued by the respondent-School in respect of certain charges against the petitioner. The petitioner filed a suit before the Additional Civil Judge (Junior Division) No.1, Sri Ganganagar (hereinafter referred to as 'the trial court') and has prayed for restraining the respondent-school to proceed further with the enquiry in respect of charges levelled against him vide memo dated 2nd of April, 2012, through, permanent injunction and also sought a declaration that the above referred charge sheet be declared void ab initio. Along with the suit, an application for temporary injunction under Order 39 Rule 1 and 2 read with Section 151 C.P.C. has also been filed for restraining the respondent-school to proceed further in the enquiry.
(3.) LEARNED trial court after hearing the parties concerned dismissed the said application for temporary injunction vide order dated 12th of April, 2013 against which, the petitioner preferred an appeal before the District Judge, Sri Ganganagar which was also dismissed vide order dated 16th of April, 2013. Hence, this writ petition has been preferred by the petitioner while challenging the orders passed by the lower courts.;