JUDGMENT

Dr. Mukundakam Sharma, J.

1. The present Writ Petition has been filed by the petitioner under Article 32 of the Constitution of India against the impugned administrative order of the High Court of Jammu & Kashmir [Respondent No. 1] recommending the termination of service of the petitioner who was working as a probationary Judicial Officer, and also against the order issued by the State of Jammu & Kashmir [Respondent No. 2] on the basis of such recommendation, on 03.07.2003, dispensing with the services of the petitioner as a District & Sessions Judge.

2. The petitioner herein was recommended by the High Court of Jammu & Kashmir for appointment as the District and Sessions Judge on a temporary basis. This aforesaid recommendation of the High Court was accepted by the Government of Jammu & Kashmir and an order of appointment was issued to him appointing him as the District and Sessions Judge on a temporary basis. It was clearly mentioned in the said order of appointment issued by the State Government that the petitioner would remain on probation for a period of two years as provided under the Jammu & Kashmir Higher Judicial Service Rules. Consequent upon the aforesaid temporary appointment, the petitioner was appointed as 3rd Additional District Sessions Judge, Srinagar by order dated 28.08.2000. Thereafter he was transferred and posted as Additional District and Sessions Judge, Jammu by issuing an order dated 05.06.2001.

3. At this stage, it is required to be mentioned that in terms of the Jammu & Kashmir Higher Judicial Service Rules, the total period of probation for a Judicial Officer after his initial appointment could be for three years for when he is initially appointed, at the first instance his probation period is given as two years and thereafter the same could be extended by another one year. In this connection, reference could be made to Rule 15 of the Jammu & Kashmir Higher Judicial Service Rules which provides as follows: -

"15. Probation - (1) All persons shall on appointment to the service in the substantive vacancies be placed on probation. The period of probation shall, in each case, be two years; provided that the period for which an officer has been continuously officiating immediately prior to his appointment may be taken into account, for the purpose of computing the period of probation. (2) The Governor may in consultation with the Court, at any time extend the period of probation; provided that the total period of probation shall not ordinarily exceed three years. An order sanctioning such extension of probation shall specify whether or not such extension shall count for increment in the time-scale. (3) If it appears to the appointing authority at any time during or at the end of the period of probation or extended period of probation, as the case may be, that a probationer has not made sufficient use of his opportunities or has otherwise failed to give satisfaction, his service may be dispensed with immediately. (4) A person whose services are dispensed with shall not be entitled to any compensation."

4. The petitioner was also given his increments in terms of the rules. However, while the petitioner was so serving as an Additional District and Sessions Judge, a complaint was received against him, filed by one Mr. Babu Ram, which was duly supported by an affidavit dated 06.08.2001, contending inter alia that the petitioner while acting as a counsel for him fraudulently withdrew an amount of Rs. 2.6 lacs deposited with the Registrar [Judicial], High Court of Jammu & Kashmir which was payable to the complainant - Babu Ram.

5. The aforesaid complaint was enquired into by the Chief Justice of the High Court through the Registrar [Vigilance] of the High Court. On conclusion of the enquiry, a report was submitted stating inter alia that Mr. Rajesh Kohli, the petitioner herein, who was engaged by Mr. Narain Dutt - the attorney holder of Babu Ram, identified someone else as Babu Ram before Registrar [Judi