various Teachers and organizations. Therefore, the termination order is a termination simplicitor and cannot be called as stigmatic. Shri Rajappa, therefore, pleads that the order ... probationer challenges his termination, the courts first task will be to apply the form test to find whether termination is stigmatic/punitive;
A termination
Surender Singh vs Union Of India on 1 July, 2022
CAT, Lucknow Bench- OA No
best to determine whether a letter of termination of service was termination simpliciter or stigmatic termination. After referring to a number of authorities including ... above narration of facts and giving the motive for termination cannot make the termination order stigmatic in a case like this where
Respondents resorted to a short cut method by issuance of a
stigmatic termination order dated 30.04.2002 and terminating his
services. Since there was no departmental ... then a departmental inquiry has to
precede the termination. For when the order of termination is stigmatic,
termination of an employee without holding a departmental
Respondents resorted to a short
cut method by issuance of a stigmatic termination order dated
30.04.2002 and terminating his services. Since there was no
departmental ... then a
departmental inquiry has to precede the
termination. For when the order of termination is
stigmatic, termination of an employee without
holding a departmental
such enquiry which violates the principles of natural justice. The termination order is stigmatic as the show cause notice alleges that the driving license ... applicant?
7. We may advert to the first issue. Is the termination order stigmatic / punitive? The counsel for the applicants termed the notice of termination
then a departmental inquiry has to precede the
termination. For when the order of termination is stigmatic, termination of an
employee without holding a departmental ... Respondents resorted to a short
cut method by issuance of a stigmatic termination order dated 30.04.2002 and
terminating his services. Since there was no departmental
notice. Insofar as termination plain and simplicitor is concerned the position may be different, but when the termination order is stigmatic in nature ... justice have not been followed in this case while issuing the stigmatic termination order. The stigmatic termination order will come
reading of the
impugned termination notices, it is apparent that the
same are not termination simplicitor, rather the same are
stigmatic and punitive. Learned counsel ... whether the impugned
termination notices are termination simplicitor or the
same are punitive and stigmatic?
15. Before we consider the orders/judgments referred
Appellate Authority Order dated 22.05.2013 so as to render the
termination stigmatic or punitive. The Order dated 11.01.2013
was passed under Rule ... nature of the original order, nor does it make the
termination stigmatic or punitive. Furthermore, the Appellate
Authority order does not substitute or supersede
