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Tarsem Singh (SAS Accountant)     23 December 2010

difference between removal and dismissal

What is difference between dismissal and removal from Govt. Service. 



 21 Replies

niranjan (civil practice)     23 December 2010

Same,both is the result of punishment.

Kamlesh Kumar (Government Official)     30 December 2010

I agree that both are the result of punishmen but there is a big difference.  When punishment of removal from service is awarded, the individual can get employment elsewhere including government.  But in the case of dismissal, the individual cannot get any employment under the government.


(Guest)

Dismissal from srvice is the severest penalty, while removal from service does not have the same gravity.  I agree with the views of Kamlesh Kumar.  But, not only in Government service, a dismissed employee is not taken in service even in companies.

Kirti Kar Tripathi (lawyer)     18 January 2011

 

 

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.

 

2 Like

M. Munikrishnan (Bank Executive (Retired))     18 March 2011

Kitri sir,   Under 4- Termination inflicted on account of misconduct,  COMPULSORY RETIREMENT is another form of removal.   This is widely prevalent in Public Sector Undertakings

Kirti Kar Tripathi (lawyer)     18 March 2011

Yes you are right  COMPULSORY RETIREMENT  is fall within the scpoe of removal, if all the terminal benfits are released 

1 Like

M. Munikrishnan (Bank Executive (Retired))     19 March 2011

Thank you Kirtiji,   If there is a settled law on this issue of release of terminal benefits to compulsorily retired person, please let me know the decided case law.   When the punishment is compulsory retirement, can the employer (Bank) withhold terminal benefits like Bank's contribution of PF, grautity, leave encashment.  

MANOJ KUMAR (T O)     07 May 2011

WHAT ARE THE TERMINAL BENEFITS ARE PAYBLE IN CASE OF REMOVAL/DISMISSAL FROM

Kirti Kar Tripathi (lawyer)     07 May 2011

An employee is entitled for all terminal dues, if his services are terminated in any manner, uless terminal dues are not specifically forfieted by a speaking order. Removal or dismissal is no exception of this rule. 

M. Munikrishnan (Bank Executive (Retired))     08 May 2011

Kirtiji, thanks for the clarification.   If there is any settled case supporting the above, please furnish the same.  

MANOJ KUMAR (T O)     10 May 2011

I WAS REMOVED FROM SERVICE ON 02.04.2011

I WILL GET SALARY A/C APRIL 2011 FOR 2 DAYS OR 3 DAYS AS 03.04.2011 WAS SUNDAY

NO PAYMENT WAS MADE TO ME FOR THE MONTH APRIL TILL DATE

MY SALARY WAS NORMALLY TRANSFERED TO BANK ACCOUNT

WHAT ARE THE OTHER PAYMENT WILL BE MADE TO ME

IS GPF WILL BE PAID WITHOUT REQUEST OR I HAVE TO SUBMIT REQUEST LETTER

WHAT ARE THE OTHER TERMINAL DUES

Kirti Kar Tripathi (lawyer)     10 May 2011

Since your employment came to an end on 2nd April, so legally you are entitled for salary upto 2nd april. No. benifit will be given of Sunday as uou were noy in service on this date.

SRIVIGNESH (ENGINEER)     03 August 2011

SIR,

IF REMOVAL OF SERVICE FOUND TO FLAWED OR ILLEGAL...IS THERE ANY  CHANCE OF CLAIMING BENEFITS WITH RESPECT TO PERSPECTIVES?PS RPLY SIR.......

Kumar Doab (FIN)     03 August 2011

Thanks to learned Mr. Tripathi for the illustrations’ in this  thread.


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