S.B.Sinha, J. - (1.) The writ petitioner-appellant has preferred this appeal from an order dated 15th May, 1997 passed by U.C. Banerjee, J. (as his Lordship then was) in writ petition No. 8484 (W)/97 whereby the and whereunder the writ petition was dismissed, inter alia, on the ground that the petitioner being a probationary and his period of probation having been extended thrice, cannot have any legal right to question and order of termination of his probation on the ground that his service was not satisfactory.
(2.) The basic fact of the matter is not in dispute.
(3.) The appellant was appointed as Office Superintendent by the 1st Respondent on probation on 11.1.1995. Certain complaints were received by the Director as regard functioning of the appellant. Again a complaint was received by the Director relating to unsatisfactory performance of the appellant which was brought to his notice by a letter dated 15.4.1996. The said letter was replied to by the writ petitioner on 16.4.96. Allegedly on 25.4.96 the Administrative Officer submitted, report as regard the excellent working of the petitioner. On 30.4.1996 the appellant was apprised on his unsatisfactory performance and was asked to improve the same. His period of probation was extended from 2.5.96 upto 2.11.96. He was again asked to improve his performance by the Director of Institute in terms of the letter dated 17.10.96. Allegedly on 30.10.96 the Administrative Officer submitted a report that the appellant's performance is extremely satisfactory. On 31.10.96 the appellant was again informed about his unsatisfactory service and asked to improve his performance. His period of probation was extended again from 2.11.1996 to 2.5.97. Yet again on 27.3.97 the Director of the 1st respondent intimated the appellant about his unsatisfactory service. On 30.4.97 the impugned order was passed whereby the appellant was informed that the management was unable to confirm him in the service as during his probationary period his service was unsatisfactory. The appellant's service, was therefore, terminated with effect from 2.5.1997.;