Judgment -Y.S. Tambe J.

1. By this petition under Article 226 of the Constitution of India, the petitioner Abdul Rahim Khan prays for a writ of certiorari Quashing the order dated 13-4-1957 made by the Additional Deputy Commissioner, Khamgaon, second respondent hereto, as well as the order of the Municipal Committee Khamgaon, first respondent hereto, dismissing him from service. He also prays for a writ of mandamus to the first respondent directing it that the petitioner be reinstated in the service as and from the date of his dismissal with all his attendant rights, privileges and benefits.

2. The petitioner was employed in the service of the first respondent on 12-5-1953, under the orders of the President of the first respondent, as a Correspondence Clerk on a probation for one year. His pay scale was 40-1-50-bar-2-70. In addition to the pay, the petitioner was entitled to receive Rs. 30/- per month as Compensatory Cost of Living Allowance. On 21-7-1953, the petitioner was posted as an Audit Clerk. The first respondent at its meeting held on 12-8-1955 considered the question of confirmation of the services of the petitioner and some other employees.

So far as the petitioner was conc

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