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2011 (3) TMI 1748

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..... Pursuant to the aforesaid application filed by the Appellant, he was called to appear in the various tests held, including the interview conducted by the High Court. He successfully completed his tests and consequently was declared successful in the year 2001. 3. After completing his training period, a notification was issued on 21.05.2002, appointing him as a Probationer Munsif. The said notification was issued by the Government of Jharkhand. He was posted at Dhanbad by a notification issued by the High Court. On 04.06.2002, he assumed the charge as Probationer Munsif at Dhanbad. On 15.07.2002, he was conferred with the power of Judicial Magistrate 1st Class. While he was discharging his duties as such, he passed an order on 06.01.2003, .....

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..... ther or not the continuation of the service of the Appellant was required. Consequent thereupon the matter was placed before the Full Court meeting held on 18.07.2003, wherein it was resolved by the Full Court that the continuation of the service of the Appellant was no longer required and that he should be discharged. Consequent thereupon the resolution of the Full Court was sent to the Government. The Government of Jharkhand issued an order dated 31.07.2003, stating that the services of the Appellant are no longer required in public interest, and therefore, the Appellant stands discharged from service with effect from 31.07.2003. 6. Challenging the said order passed by the State Government, the Appellant filed a Writ Petition before th .....

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..... laced on probation so as to enable the employer to adjudge his suitability for continuation in the service and also for confirmation in service. There are various criteria for adjudging suitability of a person to hold the post on permanent basis and by way of confirmation. At that stage and during the period of probation the action and activities of the Appellant are generally under scrutiny and on the basis of his overall performance a decision is generally taken as to whether his services should be continued and that he should be confirmed, or he should be released from service. In the present case, in the course of adjudging such suitability it was found by the Respondents that the performance of the Appellant was not satisfactory and th .....

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