Hon'ble High Court of Delhi in the case of NINA LATH GUPTA v. UNION OF INDIA, THROUGH SECRETARY, MINISTRY OF INFORMATION AND BROADCASTING & ANR.- has held that :
“…if an order is founded on allegations, the order is stigmatic and punitive, and services of an employee cannot be dispensed with without affording him an opportunity of defending the accusations/allegations made against him in a full-fledged inquiry.”PARA- 27.
“It is thus trite that in a tenure employment, if the termination order of the employee is an order simplicitor and casts no stigma, it warrants no interference by the Court, however, if the attendant circumstances lead to a conclusion that termination is founded on allegations, then being penal in nature, the order would be untenable in law, if issued without affording an opportunity to the employee to defend the accusations,” PARA-28.
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