A ‘stigma’ is indicative of a blemish, disgrace indicating a deviation from a norm. Where there is a discharge from service after prescribed probation period was completed and discharge was not based solely on assessment of employee’s work and conduct during probation, termination was held to be ‘stigmatic’ and punitive [Jaswantsingh Pratapsingh Jadeja v. Rajkot Municipal Corporation,(2007) 10 SCC 71]. In deciding whether, in a given case, a termination was by way of punishment or not, Courts have to look into substance and not form. If termination is simply owing to unsuitability having regard to nature of job and such other factors, it is not ‘stigmatic’.
The impugned terminations were ‘stigmatic’ in nature.
– Hon’ble Justice B.V. Nagarathna, Sarita Choudhary v. High Court of Madhya Pradesh, [Writ Petition (C) No. 142 of 2024].
