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1 - 3 of 3 (0.37 seconds)Pavanendra Narayan Verma vs Sanjay Gandhi P.G.I. Of Medical Sci. & ... on 5 November, 2001
17. I am unable to agree. The Supreme Court in Krishna Devaraya
Education Trust Vs. L.A. Balakrishna AIR 2001 SC 625 and Pavanendra
RFA No.622/2004 Page 12 of 15
Narayan Verma Vs. Sanjay Gandhi P.G.I. Of Medical Sciences AIR 2002
SC 23, though relating to cases of probation, has held that if the dispensation
is simpliciter, merely because the employer, upon such dispensation being
challenged before the Court, explains the reason for such dispensation,
cannot turn the dispensation from being simpliciter to stigmatic for it to be
held that dispensation without holding enquiry is bad. It was further held
that in order to amount to a stigma, the termination order must be in a
language which imputes something and allegations made against the
terminated employee in the counter affidavit by way of defence to a
challenge to termination made by the terminated employee do not change
the nature and character of the order of termination.
Union Public Service Commission vs Girish Jayanti Lal Vaghela & Others on 2 February, 2006
20. Before parting with this case, I may record that when during the
course of hearing it was brought to the notice of the counsel for the
appellant that there was no security of tenure in private employment (as
observed by the Supreme Court in para 14 of Union Public Service
Commission Vs. Girish Jayanti Lal Vaghela (2006) 2 SCC 482) as that of
the appellant with the respondent was and it was not the case of the
appellant that the appellant was a workman, the counsel for the appellant
had sought to urge that the promotion of the appellant from Office Boy to
Assistant Manager was only nominal; however the counsel fairly admits that
there is no foundation for such a case in the pleadings or in the evidence.
RFA No.622/2004 Page 14 of 15
Rather, the case built up by the appellant is to the contrary.
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