termination order may be. It also said that although strictly speaking the stigma is implicit in the termination, a simple termination is not stigmatic ... termination simplicitor, punitive, and stigmatic, and such an order could not have been passed in the guise of termination simplicitor or a simple discharge under
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
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 ... ascertain. In fact, the employer by opting to pass a simple order of termination as permitted by the terms of appointment or as permitted
cannot be relied upon for taking
the view that a simple order of termination of service can never be
declared as punitive even though ... officer or without a regular departmental
enquiry, the simple order of termination is to be treated as
"founded" on the allegations and will
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)
(Para
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 ... ascertain. In fact,
the employer by opting to pass a simple order of
termination as permitted by the terms of
appointment or as permitted
from duty
amounted to termination of service and absence from duty
for 8 consecutive days amounts to mis conduct and
termination of service on such ... held that
it was not a discharge simpliciter or a simple
termination of service but one camouflaged for serious
misconduct. This Court lifted the veil
from duty
amounted to termination of service and absence from duty
for 8 consecutive days amounts to mis conduct and
termination of service on such ... held that
it was not a discharge simpliciter or a simple
termination of service but one camouflaged for serious
misconduct. This Court lifted the veil
conflict of decisions on the question of an order being a simple termination order or a punitive order, but every time the Court rejected ... above discussions, the principles discernible to find out whether a simple order of termination/discharge of a temporary employee or probationer is punitive
whether the impugned order therein
was a letter of termination of services simpliciter or
stigmatic termination. After considering various
earlier decisions of this Court ... language used in the termination order may be. Although
strictly speaking, the stigma is implicit in the termination,
a simple termination is not stigmatic
