KARIAPPA BASALINGAPPA DODDAMANI Vs. STATE OF KANATAKA

JUDGEMENT

(1.) A discharged probationer, discharged from Judicial Service is before this Court in a petition filed under Article 226 of the Constitution, inter alia questioning the orders made by the competent authority as illegal inasmuch as there was no fair play and observance of rule of natural justice before framing the impugned order.

(2.) IN support of the prayer in the petition, it is stated that petitioner was appointed on probation as Civil Judge (Junior Division) in the Judicial Service by respondents by their letter of appointment dated 12-10-1993 and was posted to Munsiff's Court at Chintamani. It appears he reported for duty at Chintamani on 19-10-1993. It is his case that he has satisfactorily completed the period of probation since the respondents have not extended the period of probation after completion of initial period of two years probation, but that assertion is difficult to accept.

(3.) WHILE petitioner was still on probation, he was served with an order dated 26-2-1996 by respondents, discharging him from service with immediate effect for the reason he is unsuitable to hold the post of Munsiff, exercising their powers under Rule 6 (1) of the Karnataka Civil services (Probation) Rules, 1977, hereinafter referred to as 'rules'. The legality or otherwise of the aforesaid order is called in question by the petitioner, being aggrieved by the same.