RAJESH KUMAR SRIVASTAVA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) RAJESH Kumar Srivastava, on being aggrieved by the order dated 31.7.2003 removing him from the service as Probationer Munsif, has filed this writ petition, seeking for quashing of the said order and for consequential direction to reinstate him with all consequential benefits.

(2.) THE short facts are as follows:

(3.) THE reply to the above submission made by the learned Counsel appearing for the respondent -High Court in brief is as follows: The impugned order is neither stigmatic, nor punitive. Therefore, principles of natural justice has no application. Uncommunicated remarks in service records could be taken into consideration in the case of a probationer, while scrutinizing the suitability of the petitioner regarding continuation of his service. The case of the petitioner was referred by the Standing Committee to the Full Court for specific consideration and decision whether continuation of the service of the petitioner was required or not. Accordingly, the Full Court considered that his service was no longer required and as such, the impugned order has been passed in public interest and not by way of punishment.