Decided on August 12,1970

Debendra Nath Kar Appellant
Commissioner Of Tamluk Municipality Respondents


P.N. Mookerjee, J. - (1.) This appeal under Clause 15 of the Letters Patent has been filed by the Appellant, who was the Plaintiff in the trial Court against the judgment of our learned brother B.K. Bhattacharya J., passed in Second Appeal No. 27 of 1957. The suit in question was a suit for a declaration, that the Plaintiff was still in service of the Defendant Municipality as a sanitary inspector and for a further declaration that certain resolutions, passed by the Commissioners of the Municipality purporting to terminate his services, were illegal, ultra vires and null and void and for setting aside the same. There was also a prayer for recovery of arrears of pay on the above footing.
(2.) It appears that the Plaintiff was appointed on January 3, 1952, to act as a sanitary inspector of the Defendant Municipality under a temporary appointment on probation for a period of six months. Thereafter, it appears that by successive resolutions of the Municipality this period was extended and eventually his services were terminated by the Respondent Municipality with effect from January 1, 1953. According to the Plaintiff, although he was originally appointed on a temporary basis and on probation, the extension of his services, as aforesaid, or his retention in the said service after the termination of his original period of probation really amounted to confirmation of him in the permanent post of sanitary inspector to which his original appointment on probation related. In the second place, the Plaintiff contended that as eventually his services were terminated really on a finding that he was not efficient, it amounted to a stigma against him, which entitled him to a reasonable opportunity of contesting the position before termination of his services.
(3.) The Plaintiff's contentions were not accepted in any of the Courts below and accordingly, the Plaintiff with the leave or certificate of our learned brother B.K. Bhattacharya J. has come up in this appeal under Clause 15 of the Letters Patent.;

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