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2015 Supreme(Del) 2311

PRADEEP NANDRAJOG, MUKTA GUPTA
S. P. SHARMA – Appellant
Versus
IFCI LTD – Respondent


Advocates Appeared:
Mr. Ankur Chhibber, Advocate with Mr. Prashant Sivarajan, Advocate
Mr. Dinkar Singh, Advocate

JUDGMENT :

PRADEEP NANDRAJOG, J. (Oral)

1. The order by which, while still on probation, appellant’s service was terminated reads as under:-

“No.HR/PF/S-325/2012-100907 September 11, 2012

To

Mr. S.P.Sharma,

Vice President

IFCI Ltd.

IFCI Tower,

61, Nehru Place,

New Delhi-110019

Subject: Termination

Owing to the lapses committed by you in the handling of the Jupiter Bioscience Ltd. case, the Competent Authority has decided to terminate your contract of employment with immediate effect. The payment of dues including the Notice Pay will be settled in due course.

(Michael Mili)

Sr. Associate Vice President

Human Resources”

2. Two issues were raised by the appellant before the learned Single Judge. The first pertaining to his deemed confirmation. The second pertaining to the language of the order/letter terminating his service; and the issue was whether on the face of the letter the termination is stigmatic and since it was not preceded by any inquiry, the termination was illegal.

3. The appellant has lost on both counts before the learned Single Judge, and in respect of the second issue decided concerning whether the letter terminating appellant’s service is stigmatic, we find a contradiction i














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