Dismissed employee is eligible for join in any other govtjob


ANY EXPERTS SHALL ADVISE ABOUT DISMISSED PSU BANK EMPLOYEE :

1. DISMISSED PSU BANK EMPLOYEE IS ELIGIBLE FOR JOIN IN ANY OTHER GOVTJOB ?

 
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Dy Director

No                        

 
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Advocate

No.The reason is that the "dismissal" brings permanent "disqualification for future employment" either in Government or in Public Sector Undertakings. There is a distinction between "removal and dismissal". Dismissal does bring the permanent disqualification, whereas the removal does not. 

 
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Lawyer/Advocate

The answer is obviously no and for rest i do agree with Hemang.
 
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Dear Sir,

My question is that, 

The dismissed employee is permanently disqualified for future employment in the  organization which he has worked....

Whether he is qualified for join in any other govt organization?

 
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Dy Director

The dismissed employee is permanently disqualified for future employment in the  organization which he has worked....

Whether he is qualified for join in any other govt organization?

 

Ans No

 
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lawyer

Dear Sudhir 

While giving answer to following query your reply is as under 

The dismissed employee is permanently disqualified for future employment in the  organization which he has worked....

Whether he is qualified for join in any other govt organization?

 

Ans No

 

In my opinion, it is not correct as one employer has control over on its own undertaking, how it can imposed any restriction on any other establishment. It is violative of fundamental rights under Article 16 & 21.  As regards Civil Servant is concerned, the over all control is either through President or Governor as the case may, thus under the article 311(2) this restriction is only for those establishment to which the appointment are made either under the name of president or Governor only. The establishments whose appointing authority is not in the name of President or Governor, this analogy will not attract.  Similarly employees of Statutory bodies or any other bodies are governed by their own rules/regulations regarding services conditions of their employees, how can these condition of services can be applied in any other employees. Thus dismmissal of an employee of one institution can not be a bar in other organisation.

 

Can you give any citation/law in support of our view

 
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lawyer

Can you give any reason/citation/law in support of your view

 
 
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Dy Director

what is the difference between "removal" and "dismissal"

 
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lawyer

I have already replied all categories of termination in this forum, which I am posting again, I think, you will get answer of your query, but my query is still answered

Termination of services can be classified in following ways.

1. Retirement- On reaching the age of superannuation under the service condition of contract of service

2-Resignation- Voluntary relinquishment of services by an employee.

3-Termination on account of non renewal of contract.

4-Termination inflicted on account of misconduct by way of punishment this is of three types

a. Dismissal from services- This is severest punishment which bars an employee to get future employment in the same establishment

b Discharge- Termination of services which does not bars the employee to get future employment in the same establishment, if he is otherwise eligible

c- Removal- the termination of service though on account of punishment but without casting any stigma on the employee

5-Retrenchment: - Termination of services for any other reason, whatsoever, which are not described above.

 
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