GOPIKRISHORE PRASAD REPORTED
28
IN AIR 1960 SC has held that a termination founded
on inefficiency or other disqualification is a punishment
because ... given case
where the order of termination is not a simple
order of termination, the words used in the order
can be said to contain
exist which justify a genuine exercise of the
power of simple termination."
62
54. Reliance is placed by the respondents on the
judgment
case the Apex Court was considering the question as to when the termination during the probation can be held to be stigmatic. The proposition ... language used in the termination order may be. Although strictly speaking, the stigma is implicit in the termination, a simple termination is not stigmatic
equivocal or misleading and dismissals have been dressed up as simple termination. And so, judges have delved into distinctions between the motive and the foundation ... service the conclusion is dismissal. Even if full benefits as on simple termination, are given and non-injurious terminology is used.
On the contrary, even
3I Infotech Ltd, Navi Mumbai vs Assessee on 14 August, 2013
आयकर अपील य अ
GOPIKRISHORE PRASAD REPORTED
28
IN AIR 1960 SC has held that a termination founded
on inefficiency or other disqualification is a punishment
because ... given case
where the order of termination is not a simple
order of termination, the words used in the order
can be said to contain
issued to a
probationer therein was a letter of termination of services simplicitor or
stigmatic termination. After considering its various earlier decisions, the
Court observed ... language used in the
termination order may be. Although strictly speaking, the
stigma is implicit in the termination, a simple termination is
not stigmatic
order of termination though in
form is a simple order of termination during the period of probation,
however, the termination in fact amounted ... officer or without a
regular departmental enquiry, the simple order of
termination is to be treated as "founded
language used in
the termination order may be. Although strictly speaking, the stigma is
implicit in the termination, a simple termination is not stigmatic ... officer or without a regular departmental enquiry, the
simple order of termination is to be treated as "founded" on the
allegations and will
after referring to various decisions indicated as to when a simple
order of termination is to be treated as "founded" on the allegations ... could be only as a motive for passing such
a simple order of termination. In para 21 of the said judgment a distinction
is explained
