https://www.taxtmi.com/caselaws?id=187386 A probationer's termination is not judged by its label alone; if the real foundation is misconduct, inefficiency, or stigma, the Court may lift the veil and treat the order as punitive in substance. Where the record shows that allegations were examined, explanations were sought, and discharge followed those allegations, the order is not a simple discharge simpliciter but attracts Article 311(2) and the right to a reasonable opportunity of defence. On those facts, the discharge of the probationary Indian Police Service officer was held punitive and invalid for want of compliance with Article 311(2). en-us Tue, 24 Jan 1984 00:00:00 +0530 Thu, 20 Oct 2016 12:04:51 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=187386 A probationer's termination is not judged by its label alone; if the real foundation is misconduct, inefficiency, or stigma, the Court may lift the veil and treat the order as punitive in substance. Where the record shows that allegations were examined, explanations were sought, and discharge followed those allegations, the order is not a simple discharge simpliciter but attracts Article 311(2) and the right to a reasonable opportunity of defence. On those facts, the discharge of the probationary Indian Police Service officer was held punitive and invalid for want of compliance with Article 311(2). Case-Laws Indian Laws Tue, 24 Jan 1984 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=187386