LIVE Online Course on NDPS by Riva Pocha and Adv. Taraq Sayed. Starting from 24th May. Register Now!!
LAW Courses

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

G.H. SUBBU (Advocate)     30 October 2009

What is the Difference between Dismissal and Removal

Dear Friends,

Please clarify what is the difference between the terms "Removal" and "Dismissal" in Disciplinary Action matters. and what is the effect of dismissal and removal. 

Expecting your valuable comments on this please.



Learning

 14 Replies

Sanjeev Kuchhal (Publishers)     30 October 2009

Punishment of removal from service is virtually dismissal from service. Only difference between dismissal and removal is that in the latter case there is no disqualification for reemployment.

In Dattatraya Mahadev Nadkarni (Dr.) v. Municipal Corporation of Greater Bombay (1992) 2 SCC 547 it has been explained that removal and dismissal from service stand on the same footing and both bring about termination of service though every termination of service does not amount to removal or dismissal. The only difference between the two is that in the case of dismissal the employee is disqualified from future employment while in the case of removal he is not debarred from getting future employment. Therefore, dismissal has more serious consequence in comparison to removal.

G.H. SUBBU (Advocate)     30 October 2009

Thank you lot for your clarifications.

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     02 November 2009

I agree with the perfect reply of Sanjeev.

ANIL KUMAR UMMAT (Advocate)     02 November 2009

Reply furnished by Sanjeev is perfect and to the point,ttarget='_blank' rel='nofollow' hrefore I agree with him

Anil Agrawal (Retired)     08 November 2009

 Does he get retirement benefit when dismissed or removed?

Rama mohan Acharya (Manager HR(Legal))     10 November 2009

Agreed with sanjiv with an addition that the future employement is normally with Govt. organisations.

sunil pagare (lawyer)     26 November 2009

Sanjeev's reply is perfect.

Ramnath Naik (Legal Advisor)     02 December 2009

Mr Sanjeen's is technicaly right.

Pragadeesh (Lawyer/Factory certification consultant/Cyber crime Analyst)     04 December 2009

Removal - termination under many circumstances whereas dismissal:termination under disciplinary action.

niranjan (civil practice)     25 December 2009

Dismissal is stigma while removal is not.

Anil Agrawal (Retired)     26 December 2009

 In legal parlance yes.

When a policeman visits our home to deliver a greeting card, it is a stigma.

when he comes to serve summons, it too is stigma.

sushil kumar (Advocate)     07 September 2013

It is true but i would like to ask whether compulsory retirement as punishment comes under removal from service as indvl is entitled for pensionery benefits as well.

Sudhir Kumar, Advocate (Advocate)     08 September 2013

no even removal is stigmatic as it is a process of punishment. termination is not stigmatic.

Anil Agrawal (Retired)     08 September 2013

What about terminal benefits like pension, gratuity, leave salary etc. on termination/dismissal/removal?


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  


Related Threads


Loading

Post a Suggestion for LCI Team
Post a Legal Query