difference between removal and dismissal


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

 
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civil practice

Same,both is the result of punishment.

 
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Government Official

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.

 
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Consultant & Legal Analyst

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.

 
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lawyer

 

 

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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Bank Executive (Retired)

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

 
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lawyer

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


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Bank Executive (Retired)

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.  

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

 
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lawyer

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. 

 
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