1. General Manager's temporary service terminated by simpliciter order; challenge by writ petition dismissed. (Para 2 )
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2000 Supreme(SC) 1203
SUPREME COURT OF INDIA
S.N.Variava : V.N.Khare
Chandra Deo Gautam
Versus
State Of U.P.
Case No. : 4282 of 2000
Date of Decision : 7/28/00
A simplicitor termination order that does not cast any stigma on the employee is not considered an order of removal; therefore, the employee is not entitled to an opportunity to show cause.
Headnote:(A) Service Law - Termination of temporary employment - Simplicitor termination vs. Removal - Order of termination not casting any stigma - No requirement for show cause notice - Where an order of termination does not cast any stigma, it is an order of simplicitor termination and not an order of removal, and thus the employee is not entitled to any opportunity of show cause. (Para 3)
Facts of the case:
An individual appointed on a temporary basis as a General Manager had their services terminated. A writ petition was filed in the lower court, which was subsequently dismissed as no illegality was found in the termination order. The appellant contended that the termination was effectively a removal carried out without providing an opportunity to show cause.
Findings of Court:
The court found that the order of termination did not cast any stigma on the employee, nor did the decisions referenced therein. The order was a case of simplicitor termination and not an order of removal.
Issues: Whether the order of termination was an order of removal requiring a show cause notice or a simplicitor termination.
Ratio Decidendi: In a case of simplicitor termination that does not cast any stigma, there is no legal requirement to provide the employee with an opportunity to show cause.
Result: Appeal dismissed.
Legal Category Hierarchy
Table of Contents
2. Appellant argued termination was removal without opportunity of show cause, requiring setting aside. (Para 3 )
3. Termination order cast no stigma and was simpliciter, not removal; no show cause opportunity required. (Para 3 )
4. A non-stigmatic termination simpliciter of a temporary employee is not removal and requires no show cause. (Para 3 )
5. Appeal dismissed as lacking merit with no order as to costs. (Para 3 )
6. When is a termination order considered removal requiring an opportunity of show cause?
Only a termination order casting stigma is removal; a simpliciter termination without stigma does not require a show cause opportunity. (Para 3 )
(1) LEAVE granted.
(2) THE appellant was appointed as a General Manager in the Uttar Pradesh Scheduled Castes Finance and Development Corporation Ltd. on temporary basis. Subsequently, by an order, dated 4.2.1985, his services were terminated. The appellant filed a writ petition in the High Court and was successful in obtaining an interim order, as a result of which he continued in service. Subsequently, the writ petition came up for hearing and the High Court found that there was no illegality in the order terminating the services of the appellant. Consequently, the writ petition was dismissed": Against the said decision, the appellant is in appeal before us.
(3) LEARNED Counsel for the appellant strenuously urged that, in fact, the order of termination is an order of removal without giving an opportunity to show cause and, therefore, the impugned order deserves to be set aside. We find no merit in this contention. The order of termination does not cast any stigma and, moreover, the decision referred to in the order of termination also does not cast any stigma. The impugned order is an order of simplicitor termination and not an order of removal. Under such circumstances, the appellant was not entitled to any opportunity of show cause. The appeal lacks merit. It is accordingly dismissed. There shall be no order as to costs.
