such cases, though termination order, prima facie, is non
stigmatic, court can lift veil and examine whether in garb of
.
termination simpliciter, employer ... purpose of ascertaining suitability for the post,
but the termination was not a termination simpliciter. It was held as
under:
"20. The question, therefore
which the termination order came to be issued to the appellants.
21. Admittedly, this is a case of 'termination simpliciter' of the services ... misconduct. Therefore, in my view the orders of termination dated 4.3.1987 are orders of termination simpliciter and are not by way of punishment
view that even though the order of termination is termination
simpliciter, the veil was required to be lifted and upon lifting the veil,
the termination ... suitability
of an employee for a particular job, such termination
would be termination simpliciter and not punitive in
nature. This principle was laid down
termination though the aforesaid conviction of the petitioner was made basis and foundation of impugned order of termination passed against him. Thus, such simpliciter termination ... once it is found that misconduct is foundation of order of simpliciter termination then such order of termination is treated to be punitive in nature
period of probation and also whether the termination
simpliciter of a probationer amounts to retrenchment or not.
9. Answers to these two legal questions ... probationer and the order
terminating his services was an order of termination
simpliciter without involving any stigma or penalty, the
High Court was in error
behalf of the management that the
termination, therefore, cannot be termed as stigmatic and it is a termination
simpliciter and, therefore, there is nothing illegal ... were not
found fit. Therefore, it is clearly a case of termination simpliciter and it cannot
be treated as either dismissal or retrenchment under Section
only a probationer and that the order of termination is not penal but only a termination simpliciter and that even in the case of termination ... only a probationer and that the order of termination is not penal but only a termination simpliciter and that even in the case of termination
next submitted that the order of the termination of
this officer is not termination simpliciter but appears to be
stigmatic. Therefore, this case would call ... followed by an inquiry but is the basis
of termination then, the purported termination simpliciter could
be interfered with. The court could go behind
with other matters to submit that only in
a case of termination simpliciter not attributing to any
misconduct, the termination order of the probationer ... misconduct are inquired into and proved,
the termination cannot be said to be termination simpliciter.
22. Even otherwise, the petitioner cannot be said
order of termination either is thin or
overlapping. It may be difficult either to categorize or classify
strictly orders of termination simpliciter falling ... category, based on misconduct as foundation for passing the order
of termination simpliciter or on motive on the ground of
unsuitability to continue in service
