But the State Government does not plan to dump the oldest continuous public service position in Australia.

Mr Swindells was escorted from his Melbourne office yesterday, one year and four days after the State Government announced his appointment as warden.

The Mining Warden is responsible for dispute resolution in the mining industry and also has an office in Bendigo.

The position was established in 1857.

Resources Minister Peter Batchelor came under fire last month for not throwing his support behind the Mining Warden position in the wake of a State Services Authority review into the position.

The review found few disputes required warden intervention and costs associated with the position were rising.

Mr Batchelor said yesterday that he would recommend former Victorian Crown Counsel John Butler

as Mr Swindells’ replacement.

“The Mining Warden is a statutory appointment by the Governor in Council and I will recommend to the Governor that Mr Butler be appointed as soon as possible,” Mr Batchelor said.

“If the appointment is approved, Mr Butler will bring a wealth of administrative law expertise to the role of Mining Warden, which oversees the resolution of disputes between mining licensees and other parties.

“We understand that it’s important Victoria’s mining industry and landholders

have a mechanism to resolve disputes and this will continue to be delivered by the new Mining Warden.

“The Government is also committed to retaining a dispute resolution process for the mining industry.”

A spokeswoman for Mr Batchelor said no comment would be made on Mr Swindells’ sacking.

Mr Swindells, a former barrister with more than 27 years of legal experience, said he would pursue legal action against the State Government for terminating his contract, which was due to expire on March 5, 2012.

“I have been unlawfully removed and not afforded procedural fairness,” he said.

“I’m appalled at this conduct . . . and I will pursue my legal right to the High Court if necessary.”

The Minerals Council of Australia Victorian division executive director Chris Fraser said: “It is reassuring that the Victorian Government has recognised the need to maintain the Office of the Mining Warden as the state transitions to a more effective disputes resolution process for the mining industry”.