1989 (4) TMI 318

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.... Surgeon Grade I in the Naval Headquarters. On 16 February, 1982, the appellant-Dr-(Mrs.) Sumati Prakash Shere was appointed in that post. The order of appointment stated that the appointment was on ad hoc basis for a period of six months or till a regular candidate from the Union Public Service Commission became available whichever was earlier. The appellant, however, was continued in service by ....

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.... the term was not recommended. In view of this record, the tribunal held that the removal was not by way of penalty and so it dismissed the application of the appellant. 4 In this appeal, counsel for the appellant raised several contentions. We do not consider it necessary to advert to all those contentions except the one which according to us is sufficient to allow this appeal. It is not dispu....

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....a moral obligation to act fairly. An informal, if not formal, give-and-take, on the assessment of work of the employee should be there. The employee should be made aware of the defect in his work and deficiency in his performance. Defects or deficiencies; indifference or indiscretion may be with the employee by inadvertence and not by incapacity to work. Timely communication of the assessment of w....

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....hat the termination of service in such cases on the ground of unsuitability for the post not attract Article 311(2) of the Constitution. 7 There cannot be any dispute about this proposition. We are not laying down the rule that there should be a regular enquiry in this case All that we wish to state is that if she is to be discontinued it is proper and necessary that she should be told in advan....