order of
termination. Therefore, the learned counsel for the petitioner would contend that
the order of termination cannot be an order simpliciter ... contemplates two kinds of
discharge or termination of probation. The first form being termination by simpliciter
for unsatisfactory or general inefficiency in discharge of service
order of termination was withdrawn on 03.12.2008 by the Management. On 17.12.2008, the Management passed another order of termination simpliciter enclosing a Cheque ... respondent would claim that the order of termination though appears to be an order of termination simpliciter, it is actually not a termination simpliciter. According
motive and not the
foundation of termination.
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11 o.a.48of2013
The termination simpliciter dated 21.9.2012 was hence not punitive in.
nature andhence ... termination order dated 21.9.2012 as valid and we
find no reaon to interfere with the same.
The termination order being a termination simpliciter
that
the Order dated 31st December, 2008 was an order of
termination simpliciter, not warranting any opportunity
to be given to the delinquent employee ... suffer from any infirmity and it is an Order of termination
simpliciter. There is sufficient material on record to
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indicate that Respondent
authorities would show that the said
orders of termination are not orders of termination
simpliciter, rather they are laced with stigma of
inability or incapability ... court further held
that whether an order of termination is an order of
termination simpliciter or punitive in nature, would
decide the legality of such
documents connected with the formal order of termination what the true ground for the termination is. If, thus scrutinised, the order has a punitive flavour ... continuing a dubious servant. Then it is not dismissal but termination simpliciter, if no injurious record of reasons or punitive pecuniary cut-back
HCHP
17
lift veil and examine whether in garb of termination
simpliciter, employer had in fact punished employee for
misconduct. In support of aforesaid contention ... case of simple discharge from service. It is,
therefore, only a termination simpliciter and not
removal from service on the grounds of indiscipline
or misconduct
factors or other disqualifications.
22. The tests for determining whether termination was a termination simpliciter or by way of punishment laid down in earlier decisions ... State of U.P.26 The latter was a case of termination simpliciter on account of the drive launched by the Inspector General of Police
clear that the services of the petitioner were not terminated as termination simpliciter, but by way of stigma of misrepresentation of fact and mentioning ... suitability of an employee for a particular job, such termination would be termination simpliciter and not punitive in nature. The nature of enquiry is another
conclusion that the same was not a case of
termination simpliciter of a probationary officer. The Apex Court upheld the
order of the High Court ... were made. It was therefore
concluded that the termination of the Appellant was not termination
simpliciter. Under the guise of passing an order of termination
