documents connected with the formal order of termination
what the true ground for the termination is. If thus scrutinized
the; order has a punitive flavor ... service the conclusion is dismissal, even if
full benefits as on simple termination are given and non-
injurious terminology is used."
7.5 Learned counsel
Court No.2 (item No.24)
regular/adhoc/temporary service and simple termination of
the without conducting proper enquiry under the relevant
rules is punitive ... latter case where employment is secured through
fraudulent/deceitful means, a simple termination of such
an employee will not be stigmatic, as the employees
service, the
conclusion is dismissal, even if full benefits as on
simple termination, are given and non- injurious
terminolgy is used ... that stage itself the
proceedings were dropped and a simple termination
order was issued. It was held, the order of simple
termination was not founded
service, the
conclusion is dismissal, even if full benefits as on
simple termination, are given and non- injurious
terminolgy is used ... that stage itself the
proceedings were dropped and a simple termination
order was issued. It was held, the order of simple
termination was not 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 ... valid. In this
case, no enquiry was held and therefore, the simple termination cannot
be termed as illegal. It is submitted that the termination
order was set aside, citing the principle that if a simple termination is found to be a camouflage for punitive action, the order requires ... view that the termination notice is arbitrary, and though couched in a simple language, it operates as stigmatic. Their fundamental rights consequently stand violated
fact whether such employee is in regular/adhoc/temporary service and simple termination of the without conducting proper enquiry under the relevant rules is punitive ... latter case where employment is secured through fraudulent/deceitful means, a simple termination of such an employee will not be stigmatic, as the employee
elsewhere. Further, the impugned order of termination of services/probation is stigmatic termination, as prior to the termination there was an enquiry made ... imagination be termed as termination simplicitor. We therefore, hold the termination of the Applicant to be punitive irrespective of the simple form of the termination
3I Infotech Ltd, Navi Mumbai vs Assessee on 14 August, 2013
आयकर अपील य अ
documents connected with the formal order of termination what the true ground for the termination is. If, thus scrutinised, the order has a punitive flavour ... service the conclusion is dismissal, even if full benefits as on simple termination, are given and non-injurious terminology is used."(Emphasis supplied
