"53. Masters and servants cannot be permitted to
play hide and seek with the law of dismissals and
the plain and proper criteria are not to be
misdirected by terminological cover-ups or by
appeal to psychic processes but must be grounded on
the substantive reason for the order, whether
disclosed or undisclosed. The Court will find out
from other proceedings or documents connected with
the formal order of termination what the true
ground for the termination is. If, thus
scrutinised, the order has a punitive flavour in
cause or consequence, it is dismissal. If it falls
short of this test, it cannot be called a
punishment. To put it slightly differently, a
termination effected because the master is
satisfied of the misconduct and of the consequent
desirability of terminating the service of the
delinquent servant, is a dismissal, even if he had
the right in law to terminate with an innocent
order under the standing order or otherwise.
Whether, in such a case the grounds are recorded in
a different proceeding from the formal order does
not detract from its nature. Nor the fact that,
after being satisfied of the guilt, the master
abandons the enquiry and proceeds to terminate.
Given an alleged misconduct and a live nexus
