(1.) This appeal arises out of the judgement and order dated 13th April, 1994 passed by the learned Single Judge in Civil Rule No. 6189 (W) of 1985, allowing the writ petition and by making the rule absolute.
(2.) The facts are that the petitioner (since deceased) was appointed as a Munsif in the West Bengal Civil Service (Judicial) against permanent vacancy. In terms of his appointment he was to remain on probation for a period of two years. While on probation, the petitioner underwent training. However, on 5.10.84 during probation, the petitioner was served with the notice of termination which was effective from 6.10.84. The said notice of termination was under challenge as, according to the respondent/ petitioner, it was mala fide and was in colourable exercise of powers since it was issued without holding any enquiry and without giving the petitioner any opportunity of being heard.
(3.) Before the learned Single Judge the parties filed their respective affidavits.
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