SUMATI P SHERE Vs. UNION OF INDIA

JUDGEMENT

(1.) We grant special leave and proceed to dispose of the appeal.

(2.) There was a permanent post of Assistant 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 giving her successive extensions from time to time. The last of such extension was up to 15 February, 1985. But by a letter dated 12 January, 1985, the Headquarter Officer of the Western Naval Command informed her that her services would stand terminated with effect from 15 February, 1985. She, moved the High Court of Bombay with writ petition No. 304 of 1985 challenging the said order. Upon constitution of the Central Administrative Tribunal, the said writ petition stood transferred to the Bombay Bench of that Tribunal.

(3.) The Tribunal in the course of hearing of the case perused the confidential file relating to the appellant. There it was said to have been recorded that the authorities were not satisfied with the performance of the appellant and so her re-appointment after the expiry of 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.