(1.) Rule, having regard to the challenge raised, made returnable forthwith and heard with the consent of the learned counsel for the parties.
(2.) The vexed issue as to whether the allegations against a probationer are the "motive" or "foundation" for discharge of the probationer from service has once again engaged the attention of this Court in the above Writ Petition.
(3.) The above Writ Petition has been filed by the Petitioner who was a Judicial Officer being a Civil Judge Junior Division and Judicial Magistrate First Class challenging the communication dated 18/11/2013 issued by the Respondent No.3 discharging him from service. The Petitioner also challenges the communication dated 12/11/2013 issued by the Legal Adviser and Joint Secretary, Government of Maharashtra which is also to the same effect. Incidentally the Petitioner also seeks quashing and setting aside of the recommendation orders dated 28/08/2013, 31/08/2013 and 02/09/2013 passed by the Probation Committee of this Court constituted for evaluating the probation of the probationers and for taking appropriate action as regards confirmation, continuation or extension of the probationary period of the probationers.