VEERAPPA RACHAPPA SABOJI Vs. B P DALAI

JUDGEMENT

(1.) The petitioner who was a Civil Judge (Junior Division) and Judicial Magistrate, First Class, challenges in this petition under Art. 226 of the Constitution an order (Ex. C) passed by respondent No. 1 on behalf of respondent No. 2 terminating his services with effect from February 1972.

(2.) The Government of Maharashtra by a gazette Notification dated 27th May 1959 invited applications for 162 posts of Civil Judges (Junior Division) and Judicial Magistrates in the Bombay Judicial Service, Class II. The petitioner who was a law Graduate and who was practising at the bar at Jamakhindi, District Bijapur, applied for one of the posts. He was selected by the Public Service Commission after an interview and the Government of Maharashtra by its letter No. CJM/1059/40250-H dated 31st October 1960 appointed the petitioner as Civil Judge (Junior Division) and Judicial Magistrate First Class, on probation for a period of two years. (Exhibit 'A' of the petition is a copy of the letter of appointment). Paragraph 3 of this letter reads:

(3.) It appears that some adverse reports were made against the petitioner but no departmental enquiry as such was held against him. The petitioner has averred in his petition about the District Judge, Parbhani and Inspecting District Judge coming to his head-quarters and recording some statements but he had not been told about the nature of the enquiry which the District Judges conducted. On 23rd December 1971 the District Judge, Parbhani, under whom the petitioner was serving, served a letter forwarding an order issued by the Government on 15th December 1971 terminating the petitioner's services with effect from 1st February 1972. The order reads: