hold that every termination in service does not
amount to dismissal or removal though removal like
dismissal no doubt brings about termination of service ... Where an employee contends and
establishes that the order of termination
simpliciter or retrenchment, as the case
may be, passed by the management is
really
2010, in which the dismissal
7
order is treated as termination simpliciter. If that order
was brought to the notice of this Court, it would ... reference
Court in which the dismissal order was treated as
termination simpliciter. Under these circumstances, it is to
be held that the management has committed
there was no improvement. In the
circumstances, the termination or retrenchment can only be
treated as simpliciter and it is not a stigmatized order. Before ... enquiry, instead passing retrenchment/termination order on
29.08.2008 which is per se a stigmatized order and it is not a
simpliciter.
6. It is well
camouflaged as
discharge simpliciter. As the complainant was
CCC.1243/2017
3
unsuccessful in her challenge to the order of termination
before the Karnataka Administrative ... dated 28.02.2009
terminating the services of the complainant was not a
discharge simpliciter, but was stigmatic and was indeed an
order removing her from service
writ petitions filed by the employees/respondents impugning
the separate, but similar, termination order/s dated 15.06.2015 issued
by the appellant to each of such ... quashing the termination order/s holding
that the termination order/s issued to the respondents is/are not orders
of discharge simpliciter
deemed confirmation of service, even if
the respondents could justify termination of the
appellant's/petitioner's service, it could be only after ... CIFS Rules 2001 as if the appellant/ petitioner was
being discharged simpliciter, instead of proceeding
under Rule 26 of the CIFS Rules
itself
would indicate that the order cannot be construed as a
discharge simpliciter inasmuch as allegations have been
made against the petitioner with regard ... purpose
of obtaining employment and therefore, in that
circumstance, the termination is made.
4. On the legal aspect of the matter that if an
order
S M Adiga vs Syndicate Bank on 9 July, 2018
Author: A.S.Bopanna
Bench
