temporary or officiating capacity.
[561A, D-
E]
4. Termination of services by a notice of termination
simpliciter will be violative of the requirement of Article ... case where although the
termination of service is intended by way of punishment, the
order is framed as a termination simpliciter. In such a
case
would not change the character of the termination order and it would not convert the termination simpliciter into penal termination and on that basis ... favour. Even otherwise, the order of termination unquestionably is in the nature of termination simpliciter and no stigma was attached with that order. Since
order of termination would be valid."
From long line of decisions, it appears to us whether an order of termination is simpliciter or punitive ... order of termination either is thin or overlapping. It may be difficult either to categorize or classify strictly orders of termination simpliciter falling
makes it clear that while deciding whether the
termination of a probationer is a termination
simpliciter or punitive, the Tribunal can travel
beyond the order ... termination of an employee is punitive or not?
It also stands settled that while deciding
whether the termination of a probationer is a
termination simpliciter
termination was innocuous and the
order of termination of the services of a probationer or of
an ad hoc appointee is a termination simpliciter ... termination was innocuous and the order of termination of
the services of a probationer or of an ad-hoc appointee is a
termination simpliciter
such employee while questioning the
validity of an order of termination simpliciter brings on
the record that some preliminary inquiry or examination of
some allegations ... order of
termination has to be accepted on its face value or the
background in which such order of termination simpliciter
has been passed should
them bordering on abetment. But veiled, camouflaged and masked actions of termination simpliciter in such cases whether raise eyebrows of "rule ... also been contended in para 7 that the termination is in the nature of termination simpliciter and since it is a case of termination simpliciter
brings us to the question whether the termination of petitioner's service was a termination simpliciter attracting the infraction of Articles ... purpose of determining as to whether the order of termination is a termination simpliciter or by way of punishment. It would depend upon the facts
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
petitioners that the impugned order though apparently is an order of termination simpliciter having been purportedly passed in terms of Clause 23 of the Scheme ... order terminating the services of the petitioners is an order of termination simpliciter referable to Clause 23 of the Scheme or the same is stigmatic
