ASHOK KUMAR MATHUR, J. - (1.) THE petitioner by this writ petition has challenged the orders dated 4th February, 1981 and 30th January, 1984. Annexure 5 and 4 respectively.
(2.) THE petitioner, who was recruited as a probationer under the Rajasthan Judicial Service Rules, 1955 (here -in -after referred as the Rules of 1955), and was appointed as a Munsif Magistrate on probation for two years. During the period of probation he has not sufficiently utilised his opportunties therefore, the petitioner was discharged from service vide Annexure -5 dated 4th February, 1984. He was also informed vide Annexure -4 by the Registrar, Rajasthan High Court that his period of probation will not be extended beyond 31st January, 1984. Both these orders have been challenged by the petitioner by filing this writ petition. The petitioner has also filed an additional affidavit submitting that the petitioner moved the High Court for issuing his character certificate, but no such certificate was issued. A return has been filed by the respondent No. 2 and it has been submitted that the petitioner's service have teen discharged at the end of his probation because he has failed to utilise opportunities, and he has also otherwise failed to give satisfaction. Thus, the High Court recommended that the services of petitioner may be dispensed with. The order of termination is simpliciter without casting any expersion on the petitioner. The petitioner's services are not sought to be dispensed with on account of any misconduct or on account of corruption. It has been further submitted that the order is not passed on any alleged exparte enquiry said to be conducted by the District Judge, Alwar. It has been further submitted that the special report was called of the work of the petitioner from the District Judges under whom the petitioner worked during the probation period, that report was considered for adjudging the suitability of the petitioner in terms of Rule 24 of the Rules of 1955.There -after the matter was placed before the Full Court and accordingly on the recommendation of the High Court services of the petitioner have been dispensed with by the Governor. It has been further submitted that simultaneously one Bhawani Shanker Sharma was also appointed on probation and his services have also been dispensed with effect from 10th July, 1984.
(3.) THE petitioner moved an application for calling the record for perusal of the court in order to satisfy that whether the petitioner's service have been dispensed with on bonafide application of mind or on account of some enquiry or some complaint.;