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Issues:
1. Competency of the suit and appeal based on Section 80 C.P.C. 2. Granting of interim relief against transfer. 3. Allegations of mala fide in the transfer process. 4. Justification of refusal of interim relief by the Trial Judge. 5. Dismissal of appeal on technical grounds. Analysis: 1. The petitioner sought an interim injunction against his transfer, but the Trial Judge rejected the application citing non-fulfillment of conditions under Section 80 C.P.C. The District Judge held the appeal and suit not maintainable due to the lack of statutory notice. However, the plaintiff had obtained permission to file the suit without notice based on urgency, making the suit competently instituted under Section 80(2). The District Judge's conclusion that refusal of interim relief implied lack of urgency was deemed erroneous by the High Court. 2. The High Court emphasized that urgency for immediate relief against the government is the key consideration for granting leave without statutory notice under Section 80(1). The Court clarified that the urgency, not the merit of the case for interim relief, determines the competency of the suit. Refusal of interim relief does not negate the urgency justifying the suit's institution without notice. The Court referenced a previous judgment supporting this view, highlighting that once leave is granted, the suit should proceed without hindrance. 3. The High Court overturned the District Judge's order, deeming it illegal and erroneous, directing the trial court to proceed with the suit as per Section 80(2). The Court dismissed the appeal on technical grounds, prompting the petitioner's counsel to request a remand for proper disposal. Despite dismissing the appeal on technicalities, the Court decided to address the merits of the injunction application to avoid prolonging the litigation unnecessarily. 4. Regarding the petitioner's allegations of mala fide in the transfer process, the Court found them vague and unsupported by concrete evidence. The defendant's response clarified that the transfer was not motivated by malice, and the plaintiff failed to establish a prima facie case of mala fide. Citing a Supreme Court precedent, the Court highlighted the limited scope for judicial intervention in government employees' transfers unless mala fide intent is proven. 5. The Court upheld the dismissal of the appeal on different grounds but maintained the interim relief until a specified date. The judgment clarified the legal principles governing urgent relief against government actions and emphasized the importance of procedural compliance while ensuring justice is not compromised.
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