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2004 Supreme(Gau) 190

BIPLAB KUMAR SHARMA
Supta Choudhury – Appellant
Versus
State of Assam – Respondent


Advocates Appeared:
For Appellant/Petitioner/Plaintiff: J.L. Sarkar, M. Chanda, S. Dutta and S.K. Ghosh, Advs.
For Respondents/Defendant: R.K. Bora, Adv.

JUDGMENT

B.K. Sharma, J.

1. Shortly stated the facts leading to the filing of the instant writ petition are that the petitioner was appointed on 17.3.2003 as Data Entry Operator under the respondents. This was preceded by advertisement and selection. In the advertisement as well as in the order of appointment, the appointment was indicated to be on contractual basis for a period of one year. The petitioner while was serving as such was issued with a letter dated 16.6.2003 by the appointing authority indicating her irregularity in attendance and unsatisfactory performance of duty. By the said letter she was directed to improve herself within one month. This was followed by yet another letter dated 31.7.2003 indicating non-improvement in her performance and was given a further one month time to improve in her performance. Thereafter by the impugned letter dated 30.8.2003. The services of the petitioner was terminated with effect from 1.9.2003 on the ground of unsatisfactory performance in discharging duties and failure to improve in spite of warning given to her. The petitioner submitted representation dated 10.9.2003 making a grievance against such termination of service. Same having

















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