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PRADEEP R (OFFICER)     22 June 2013

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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 24 Replies

Sudhir Kumar, Advocate (Advocate)     22 June 2013

No                        

Hemang (Advocate)     22 June 2013

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. 

Rajeev Kumar (Lawyer/Advocate)     22 June 2013

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

PRADEEP R (OFFICER)     26 June 2013

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?

Sudhir Kumar, Advocate (Advocate)     28 June 2013

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

Kirti Kar Tripathi (lawyer)     25 September 2013

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

Kirti Kar Tripathi (lawyer)     25 September 2013

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

 

Sudhir Kumar, Advocate (Advocate)     26 September 2013

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

Kirti Kar Tripathi (lawyer)     27 September 2013

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.

Sudhir Kumar, Advocate (Advocate)     27 September 2013

 I only partially agree to the above list.

 

 

According to my view the employee /employer relations of a Govt employee do come to end in the following manners :-

 

(i)                 Termination by the employer during probation period.

 

(ii)               Termination by the employee during probation period.

 

(iii)             Termination in terms of FR31-A on ground of appointment being found illegal in one  way or the other.

 

(iv)             Resignation and acceptance thereof.

 

(v)               Voluntary retirement and acceptance thereof or non-rejection within three months.

 

(vi)             Compulsory retirement  on medial ground.

 

(vii)           Death of employee.

 

(viii)         Retrenchment due to non-availability (abolition ) of post or closure of department [subject to DOPT instruction on surplus deployment]

 

(ix)             Non-renewal of ad-hoc employment or deputation.

 

(x)               Award of the following penalties by way of disciplinary proceedings :-

 

1.      Compulsory retirement. (not termination)

2.      Removal (not termination)

3.      Dismissal (not termination).

 

(xi)             Compulsory retirement in terms of FR 56(j) [without any of the above happenings]

 

 

Each mode has separate implication.        

 

Each of above mode is not a Termination  (purely non-stigmatic)

Kirti Kar Tripathi (lawyer)     27 September 2013

Dear Sudhir,

I agree with your classification but you have sub categorized the categories of termination. More so your classification  relates with termination of Govt. Employees only. But my query is sitll unanswered.

Sudhir Kumar, Advocate (Advocate)     28 September 2013

The query pertains to Govt dismissal.

Sudhir Kumar, Advocate (Advocate)     28 September 2013

I reproduce Rule 11 of CCS(CC&A) Rules

 

 

 

11.     Penalties

The following penalties may, for good and sufficient reasons and as hereinafter provided, be imposed on a Government servant, namely :-

Minor Penalties -

(i)           censure;

(ii)               withholding of his promotion;

(iii)       recovery from his pay of the whole or part of any pecuniary loss caused by him to the Government by negligence or breach of orders;

(iii a)   reduction to a lower stage in the time-scale of pay by one stage for a period not exceeding three years, without cumulative effect and not adversely affecting his pension.

(iv)       withholding of increments of pay;

Major Penalties -

(v)        save as provided for in clause (iii) (a), reduction to a lower stage in the time-scale of pay for a specified period, with further directions as to whether or not the Government servant will earn increments of pay during the period of such reduction and whether on the expiry of such period, the reduction will or will not have the effect of postponing the future increments of his pay

(vi)       reduction to  lower time-scale of pay, grade, post or Service for  a period  to be specified in the order of penalty, which  shall be a  bar to the  promotion of the Government servant during such specified period to the time-scale of pay, grade, post or Service from which he was reduced, with direction as to whether or not, on promotion on the expiry of the said specified  period -

(a) the period of reduction to time-scale of pay, grade, post or service shall operate to postpone future increments of his pay, and if so, to what extent; and

(b) the Government servant shall regain his  original seniority in the higher time scale of pay , grade, post or service;

(vii)      compulsory retirement;

(viii)     removal from service which shall not be a disqualification for future employment under the Government;

(ix)       dismissal from service which shall ordinarily be a disqualification for future employment under the Government.

Provided that, in every case in which the charge of possession of assets disproportionate to known-source of income or the charge of acceptance from any person of any gratification, other than legal remuneration, as a motive or reward for doing or forbearing to do any official act is established, the penalty mentioned in clause (viii) or clause (ix) shall be imposed :

Provided further that in any exceptional case and for special reasons recorded in writing, any other penalty may be imposed.

EXPLANATION -  The following shall not amount to a penalty within the meaning of this rule, namely:-

(i)                withholding of increments of a Government servant for his failure to pass any departmental examination in accordance with the rules or orders governing the Service to which he belongs or post which he holds or the terms of his appointment;

(ii)        stoppage of a Government servant at the efficiency bar in the time-scale of pay on the ground of his unfitness to cross the bar;

(iii)       non-promotion of a Government servant, whether in a substantive or officiating capacity, after consideration of his case, to a Service, grade or post for promotion to which he is eligible;

(iv)              reversion of a Government servant officiating in a higher Service, grade or post to a lower Service, grade or post, on the ground that he is considered to be unsuitable for such higher Service, grade or post or on any administrative ground unconnected with his conduct;

(v)       reversion of a Government servant, appointed on probation to any other Service, grade or post, to his permanent Service, grade or post during or at the end of the period of probation in accordance with the terms of his appointment or the rules and orders governing such probation;

(vi)       replacement of the services of a Government servant, whose services had been borrowed from a State Government or any authority under the control of a State Government, at the disposal of the State Government or the authority from which the services of such Government servant had been borrowed;

(vii)     compulsory retirement of a Government servant in accordance with the provisions relating to his superannuation or retirement;

(viii)          termination of the services -

(a)       of a Government servant appointed on probation, during or at the end of the period of his probation, in accordance with the terms of his appointment or the rules and orders governing such probation, or

(b)       of a temporary Government servant in accordance with the provisions of sub-rule (1) of Rule 5 of the Central Civil Services (Temporary Service) Rules, 1965, or

(c)        of a Government servant, employed under an agreement, in accordance with the terms of such agreement.

Sudhir Kumar, Advocate (Advocate)     28 September 2013

This rules provides for the following penalty

(ix)       dismissal from service which shall ordinarily be a disqualification for future employment under the Government.

 

No other penalty is termed as disqualification for future employment.

 


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