H.K. Bose, J.

1. THIS is an application under Article 226 of the Constitution for an appropriate Writ for cancellation of an order dated the 25th February 1958 terminating the employment of the petitioner as an Inspector of Central Excise and for directing the opposite parties to forbear from giving effect to that order.

2. ON 30th July 1946 the petitioner was appointed as a temporary Inspector in the Central Excise Collectorate, Calcutta, having its jurisdiction over West Bengal and Orissa. ON 1st May 1951 the petitioner was allowed to cross the probationary stage in the prescribed time scale of pay with effect from 1st January 1950 and the petitioner was warned that if the petitioner failed to pass the departmental examination for Inspectors within the next permissible chances his increment in the time scale of pay would be stopped until further orders, and he would be liable to be discharged or reverted as the case might be. The prescribed time scale of pay at the time was Rs. 80-Prob-100-5-120 E.B.-8-200-10/2-220. The petitioner appeared for the first time in the departmental examination in May 1953 but he passed only in three out of the five papers and on account of th