GOSTHA BEHARI NAYAK Vs. DISTRICT MAGISTRATE

JUDGEMENT

(1.) This is an appeal from a judgment and order dated June 24, 1969, passed by Basu J. discharging a Rule nisi which had been obtained by the Petitioner -Appellant Gostha Behari Nayak in an application under Article 226 of the Constitution of India. The short facts of the case are as follows:

(2.) On or about December 28, 1960, the Appellant was temporarily appointed as a Gram -Sevak and posted to the Burdwan Block in the district of Murshidabad. The Appellant was told at the time of his appointment that he would subsequently have to undergo a prescribed training, which may extend upto two years duration and his continuance in the port will be subject to his successful completion of the said training.

(3.) The Appellant's contention before Basu J. was that the District Magistrate of Murshidabad terminated his service without giving him any hearing so that this termination amounts to a removal or dismissal under Article 311(2) of the Constitution and consequently had since the Appellant been given no opportunity to show cause against such action. Basu J. relying on an earlier decision of his in another case and also relying on certain decisions of the Supreme Court formulated the following propositions: