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
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
termination of the employee was preceded by an inquiry. It was held that such an
inquiry did not convert the order of termination into ... strict sense stigma is
implicit in the termination, a simple termination is not stigmatic, the Court was of
the view that a simple termination
Government may, nevertheless,
choose to punish the servant and if the
termination of service is sought to be founded
on misconduct, negligence, inefficiency or other ... cannot be relied upon for
taking the view that a simple order of termination of
service can never be declared as punitive even though
language only when there
is termination of services of the employee for serious acts of misconduct etc,
however, termination of service is definitely a much ... misconduct or
any other serious act of an employee there is termination of services and still
the respondent/plaintiff in such serious circumstances, mentioned
case, does the Industrial Tribunal adjudicate upon the
merits of the dismissal/termination itself or does it merely adjudicate upon the
question as to whether ... employee and the employer in so far as the question of termination/dismissal is
concerned. For example, in Batuk K. Vyas (Supra), the Division Bench
directed to be
paid by BSNL to HFCL with 6% per annum simple interest from the date
the payment became due till the date ... furnished by the supplier (b)
imposition of LD and (c) termination/short closure of the contract for
default. Even if the extension of time
overhead expenditure incurred by the Respondent in the project after
its illegal termination, the majority awarded 50% i.e. Rs.2,39,000. Under
Claim ... Respondent's machinery lying at site, consequent upon
the illegal termination of the contract. The majority was of the view that
credit for hire
from duty within
90(ninety) consecutive days from the date of the termination
order to the entire satisfaction of the Management, the
Management may regularize ... termination
3. Insofar as challenge to Rule 24.9 of the NTPC Service Rules is
concerned, we need not to trouble ourselves for the simple reason
