Tripura High Court: In a case, where the petitioner alleged his dismissal from service during probation period as stigmatic and in violation of Article 311 of the Constitution, a bench of Deepak Gupta, CJ and S.C Das, J held, that an order for termination on account of unsuitability in service is a termination simpliciter and is not stigmatic or punitive in any manner.

In the present case, the petitioner contended that his termination order made was on account of misconduct as the authorities found him to be linked with coal mafias, hence stigmatic. Rejecting the contention, the Court held that the inquiry about his link with coal mafias as alleged was an inquiry to assess his work regarding his overall performance, character, conduct, ability, capacity and suitability and thereafter the termination order was passed. Hence it could not be termed as termination with stigma or punitive nature. Sri Ravinder Pal v. Union of India, W.A. 52 of 2008, decided on 11.06.2014

To read the full judgment, click here

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