probationer could be terminated by an order of termination
simplicitor. If the order of termination is stigmatic, then
enquiry would be necessary. No charge memo ... then it would not amount to stigmatic
termination. Whether the order of termination is simpliciter,
punitive or stigmatic would depend on the facts and
circumstances
termination order may be. It also said that although strictly speaking the stigma is implicit in the termination, a simple termination is not stigmatic ... these two Officers. Therefore, termination is founded on alleged misconduct, which renders the order of termination simplicitor, punitive, and stigmatic, and such an order could
perusal of the
impugned orders, it is clear that the termination order is a
stigmatic order. It is well ... settled law that there is a difference
between termination simplicitor and stigmatic termination order
and stigmatic termination order could not be passed without
holding proper
perusal of the impugned
order, it is clear that the termination order is a stigmatic order. It
is well ... settled law that there is a difference between termination
simplicitor and stigmatic termination order and stigmatic
termination order could not be passed without holding proper
University of Kerala (respondent No. 1), dated 30.11.2017 is
simplicitor termination or exfacie stigmatic? The said order reads
thus:
“Order
Signature Not Verified ... order must be
construed as exfacie stigmatic order of termination. A threeJudge
Bench of this Court in Indra Pal Gupta vs. Managing Committee
employee." *
4. From a perusal of termination order dated 28th February, 2001, it is evident that termination of petitioner-respondent was on account ... even if he was a daily wage employee inasmuch as where termination is stigmatic, such termination order without holding departmental enquiry is in violation
petitioners is that at least in certain cases, there is a
stigmatic termination insofar as the Counter Affidavits
having made allegations, which ... Supreme Court in P.V.Swaminathan. There,
the termination did not contain any stigmatic observation.
However, when the matter was challenged before Court
Supreme Court held that the order of termination due to
unsatisfactory performance is a termination "simpliciter" and
not "punitive" in nature ... termination order may be.
Although strictly speaking, the stigma is implicit in the
termination, a simple termination is not stigmatic. A termination
order which explicitly
finally submitted by Mr. Gautam that the Termination Order is
a termination simplicitor and not punitive or stigmatic. Appointment of
Petitioner has been terminated merely ... begs an
answer is whether the Termination Order was a termination simplicitor or
it was a punitive and stigmatic order entailing an inquiry before
present case, no hearing was
necessary as the termination was not stigmatic.
18 The ratio laid down in the aforesaid decisions is not
applicable ... year. The Service Rules permits termination without assigning
reasons. The contents of termination letter are not stigmatic. Not
furnishing ACR in the facts of this
