M A VIDYADHARAN Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The appellant was a probationary Munsif The Governor of West Bengal by his order dated 11th July 1980 terminated his said appointment in the interest of public service on payment of one month's salary in lieu of notice. After hearing the appellant and the respondent State B.C. Roy, J. summarily rejected his writ petition challenging the said order of the Governor of West Bengal terminating his appointment. Being aggrieved thereby, the appellant has preferred this appeal.

(2.) We may briefly set out the facts of the present case. The Secretary, Government of West Bengal Judicial Department by Notification No. 1361 (I) dated 25th Jan., 1974 stated that the Governor had been pleaded to appoint-, the appellant and two others to the West Bengal Civil Service (Judicial) as Munsifs. The petitioner and the said two others were placed on probation for a period of two years during which they were required to undergo the prescribed training and to pass completely the departmental examination. The said notification further stated "There confirmation will depend on their passing the departmental examination and on their general fitness". The Additional Registrar, Appellate Side, High Court by Order No. 2728(A) dated 2nd March, 1974 posted the petitioner and two others, all of whom were Munsifs on probation for training to the headquarter station of the districts mentioned against their names. The First Assistant Registrar of this Court while forwarding the said notification by Memo No. 2735 (A) requested the appellant to report to the District Judge, Burdwan on the forenoon of 7th March, 1974 or as soon thereafter for receiving training under Item No. (1) of Rule 3 of the rules regulating the training and probation of the members of the West Bengal Civil Service (Judicial) as embodied in the Services (Training and Examination) Rules, West Bengal. The petitioner had thereafter joined and continued to serve as a probationary Munsif. The petitioner could not completely pass the departmental examination within the original period of two years of his probation. Accordingly , his probationary period was extended from time to time by the order of this Court.

(3.) On 18th July, 1979 the Additional Registrar, Appellate Side. High Court issued Memo No. 6440 (A) dated 18th July. 1979 stating that the period of probation in respect of the appellant who was then serving as Munsif, 4th Court. Alipore had been extended by the court by one year more from 16th of March. 1979 or until he passed the departmental examination completely whichever was earlier. A copy of the said Memo was forwarded to the appellant.