founded on misconduct, then, it would be a case
of termination simpliciter. On the other hand, an
8 (2025) 9 SCC 297
16
assessment ... order of termination either is thin or
overlapping. It may be difficult either to categorize or
classify strictly orders of termination simpliciter falling
termination order, and conversely, if any of the three factors is
missing, the termination will have to be upheld as termination simpliciter.
Paragraph ... termination, a simple
termination is not stigmatic. A termination order which explicitly
states what is implicit in every order of termination of a
probationer
employer‟s action. Though the Impugned Actions are styled as
termination simpliciter, the factual matrix reveals that a fact-finding
exercise was undertaken in relation ... contended by the Petitioner, or whether they are orders of
termination simpliciter founded on an assessment of overall suitability
during probation, as urged
case
also, though an impression was created as if the
termination is a termination simpliciter, this is a
fit case for the Court to lift ... termination, and the
Court may consider the fact that the order of
termination, though prima facie seems like an order
of termination simpliciter, is actually
scheme of Rule 5 clearly
indicates that the termination envisaged therein is a termination
simpliciter, without casting any stigma or attributing any misconduct ... employee and thus terminates him, it is
simpliciter termination and not punitive.
(i) Where the termination simpliciter is preceded by an enquiry,
preliminary or regular
Junior Division), on
completion of the probation period, whether amounted to simpliciter
termination or amounted to a punitive action hedged by misconduct,
while upholding ... confirmation in the post or ended by way of termination
simpliciter. However, if a probationer is terminated from service
owing to a misconduct
proceeding or stigmatic conclusion. On their face, they purport
to effect termination simpliciter under the contractual termination clause.
Signature Not Verified
Dgitally Signed
By:AKANSHA ... Constitution of India.
On Merits
37. The impugned notices are termination simpliciter. They do not cast
any stigma, nor do they record any finding
that the impugned order dated 17.05.2023
(Annexure P-13) is a termination simpliciter in terms of the contract and
does not amount to a punitive ... opportunity of hearing, can be sustained in law as a
termination simpliciter under the contract?
Nature of the Impugned Termination
Bibhav Kumar vs Gnctd on 24 April, 2026
(OA No.1531-2024)
(1)
Central Administrative
been vehemently contended by the respondents that the
termination order dated 09.04.2025 is a termination simpliciter during
probation, not founded on misconduct, and hence does ... applicant has reiterated that the impugned order of
terminationdated09.04.2025isnotterminationsimpliciterbutpunitive
in nature as the same is based
