termination. Conversely if any of the three
factors is missing, the termination has been upheld.
.....
....Therefore, whenever a probationer challenges his
termination the courts first ... language used in the termination order may be.
Although strictly speaking, the stigma is implicit in the
termination, a simple termination is not stigmatic
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 ... conflict of decisions on
the question of an order being a simple termination order or a
punitive order, but every time the Court rejected
held that in the former case, the termination order was simple order which did not cast any stigma and there were several adverse entries ... back of the officer or without a regular departmental enquiry, the simple termination is to be treated as 'founded' on the allegations
service, the conclusion is dismissal, even if full benefits as on
simple termination, are given and non-injurious terminology 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 terminology 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
that point of time, the enquiry is
dropped and a simple notice of termination is passed, the
same will not be punitive because the enquiry ... termination order
may be. Although strictly speaking the stigma is implicit
WP (C) 1007/2012 Page 9 of 15
in the termination, a simple termination
charge sheet
was given to him before termination of his services. The order of
termination was penal in nature and one camouflaged for serious ... misconduct. It was not a case of a simpliciter discharge or simple
termination and the Management ought to have conducted an inquiry.
Reliance is placed
officer lapses on resignation, retirement, death, discharge, dismissal or termination from service. The word 'termination' would include compulsory retirement, and therefore, petitioner ... accepted. The termination can be by two modes, i.e. simple termination in terms of contract and service without attaching any stigma, the employee
order of termination simpliciter. Whether an order is an order of simple
termination or would amount to stigma, thereby resulting in civil consequences,
is only ... officer or without a
regular departmental enquiry, the simple order of termination is to be treated
as "founded" on the allegations and will
officer or without a regular departmental enquiry, the simple order of termination is to be treated as "founded" on the allegations and will ... would be a motive and not the foundation and the simple order of termination would be valid."
It has also been argued on behalf
