conflict of decisions on the question of an
order being a simple termination order or a punitive
order, but every time the Court rejected ... 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
conclusion is dismissal, even if full benefits as
on simple termination, are given and non-
injurious terminology is used.'
(emphasis supplied in original ... 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 time, inquiry is dropped
and a simple notice of termination is passed, the
same would not be punitive because the inquiry
officer ... previously held that even
where a departmental enquiry was started, a simple
termination order could be passed by the employer as a
matter of right
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
Page 27 of 41
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services. It is
the case of Respondent No.2 that since his termination order was
a penal order casting stigma on him, therefore, his services ... termination of Respondent No.2 was not a simpliciter
discharge or simple termination but was camouflaged for serious
misconduct.
23. Learned counsel for Respondent
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 ... 2022
the conclusion is dismissal, even if full
benefits as on simple termination, are
given and non-injurious terminology is
used
service the conclusion is dismissal, even if full
benefits as on simple termination, are given and non-
injurious terminology is used."
(Para 9) (Emphasis ... these cases, the orders were
simple orders of termination which did not contain any words
amounting to stigma. In case we come to the conclusion
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 noninjurious
terminology is used."
(Emphasis supplied)
(Para
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
service the conclusion is dismissal, even if
full benefits as on simple termination, are
given and noninjurious terminology is used."
(Emphasis supplied) (Para ... service the conclusion is
dismissal, even if full benefits as on simple
termination, are given and non-injurious
terminology is used." (Emphasis supplied)
(Para
