service the conclusion is dismissal, even if full benefits as on simple termination, are given and non-injurious terminology is used.
54. On the contrary ... termination order may be. It also said that although strictly speaking the stigma is implicit in the termination, a simple termination is not stigmatic
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
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
Ram Kumar Ranga vs State Of Haryana And Ors on 15 July, 2019
Author: Harsimran
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
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
mentioned the
termination of service to be an exercise of power under the terms of
the contract, yet, in effect, the termination order itself recites ... therefore, the letter of
termination should be treated to be a simple termination of the
contractual engagement of the respondent/petitioner.
__________
Page
period.
....."
28. It is a well settled principle that a simple termination order,
terminating the services of probationer, cannot be said to be stigmatic ... language used in the
termination order may be. Although strictly speaking, the
stigma is implicit in the termination, a simple termination is not
stigmatic
punitive.
The order dated 11.6.2015 under challenge, is
pure and simple termination and that the
Discipline and Appeal Rules do not apply, much
less ... appellant, but was a case of simple
discharge from service. It is, therefore, only a
termination simpliciter and not removal from service on
the grounds
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
