order of compulsory retirement is not a
punishment. It implies no stigma nor any suggestion of
misbehaviour. [855D]
2.02. The order has to be passed ... compulsory retirement is not a
punishment nor does it involve any stigma. [856E]
Union Of India v. M.E.Reddy, [1980] 1 SCR 736; Union
Persons appointed
on ad hoc basis - Order of termination challenged as casting
stigma on service career - Whether court entitled to lift
the veil to find ... orders terminating services of the
appellants petitioners did not attach any stigma to the
service career of any of the appellants-petitioners, but
they
case turns also upon the question whether this
order is vitiated by `stigma', it is necessary to
extract the body of this letter ... communications by
the Director to the appellant which contain
material amounting to `stigma' and also because
these documents and the record of the case
express words in the impugned order itself' which throw a
stigma on the Government servant, the Court would not delve
into secretariat files ... discover whether some kind of
stigma could be inferred on such research. [469 A-B; 473 C;
471 H; 475 F]
Parshotam Lal Dhingra
enclosed.
According to the appellant, the order was punitive and cast a
stigma on the appellant and could not be sustained without a full
scale ... scan the
termination order to see whether it ex-facie contains the stigma or
refers to a document which stigmatises the officer, in which case
order of dismissal against
him. In order to avoid imposing any stigma which an order of dismissal
necessarily implies, the enquiry is stopped ... probation. In other words, on the face of the order, a stigma was attached
to the probationer who was discharged. That is why this Court
service having qualified for
full pension is neither a punishment nor a stigma so as to
attract the provisions of Article ... years. Rule 16(3) does nothing of the sort of
attaching stigma. [743 D-H]
4. The jurisprudential philosophy of Rule 16(3) and
other
servant his services
cannot be terminated by way of punishment casting a stigma
on him in violation of the requirement of Article ... order on the face of it and find whether it casts any stigma
on the Government servant. In such a case, there is no
presumption
Court. It was challenged
mainly on the ground that it casts a stigma on the character
and dignity of Appellant No.2 and, therefore ... this appeal is
whether the order of compulsory retirement casts a stigma on
Appellant No.2. The learned counsel submitted that the High
Court
enquiry-Whether offends
Art. 311(2) of the Constitution and attaches any stigma.
HEADNOTE:
The respondent was appointed on a purely temporary
basis ... probation should
be extended. These remarks were not intended to cast any
stigma. [607G-H. 608A]
R. L. Butail v. Union of India
