MANGAL PRASAD VERMA Vs. BIHAR CO-OPERATIVE MARKETING

JUDGEMENT

(1.) This miscellaneous appeal is by the plaintiff of Title Suit No. 122 of 1967 pending in the Court of the first Subordinate Judge, Patna, against an order dated 30 August 1967, by which the Court has rejected the prayer for the issue of a temporary injunction.

(2.) The plaintiff was appointed as the depot manager under the Bihar State Co -operative Bank, Ltd., sometime in 1949. Thereafter, according to the plaint, in the year 1958 the business under the Bihar State Co operative Bank was ultimately transferred to the Bihar State Co -operative Marketing Union, Ltd., Patna, and his services were transferred to the said union. The plaintiff was posted at Jahanabad as depot manager and served in the capacity till June 1965. As a result of some enquiry made by an officer of the department, the plaintiff was suspended in terms of the resolution passed by the Board on 12 August 1967, and this suspension order was served on him on 16 August 1967, under the signature of the managing director. The plaintiff prayed for the following reliefs:

(3.) The learned Subordinate Judge, after considering the fact that charges would be served upon the plaintiff and ho would get during the period of suspension his subsistence [allowance in accordance with the rates admissible under the rules of the Marketing Union and also the fact that the plaintiff has already been placed under suspension, passed the order rejecting prayer for the issue of a temporary injunction restraining defendant 1 to enforce the suspension order till the disposal of the suit.