Difference
Querist :
Anonymous
(Querist) 13 January 2012
This query is : Resolved
Good day
what is the difference between REMOVAL FROM SERVICE and DISMISSAL FROM SERVICE.
Anirudh
(Expert) 13 January 2012
A person removed from service can be considered for employment again.
A person dismissed from service cannot be considered for employment again.
Raj Kumar Makkad
(Expert) 13 January 2012
Dismissal of an employee is to remove the employees name from the rolls of the organisation and is a punishment. The employee is not entitled to gratuity in this case.
Termination of employment means the end of the relationship between the employee and the employee.The termination may happen by resignation of employee or removal from service by employer after giving notice or money as provided for in the contract of employment.
Parthasarathi Loganathan
(Expert) 13 January 2012
An employee can be removed or dismissed from service, on the ground of misconduct which has led to his conviction on a criminal charge. Eg. Employees, who had been in continuous unauthorised absence from duty for more than 5 years, may be removed from service.
In all cases of dismissal/removal from service for unauthorised absence, the orders will take effect prospectively. Orders of removal or dismissal shall not be issued retrospectively. The orders in such cases shall take effect from the date of issue thereof only.
The pay and allowances of an employee dismissed/removed from service, cease from the date of such dismissal/removal.
Dismissal/Removal of an employee entails forfeiture of his past services. As such, the question of payment of terminal benefits such as D.C.R.G. and encashment of Earned Leave to dismissed/removed employee does not arise. However, the employee will be entitled to the refund of his contribution towards.
If such an employee is subsequently reinstated in service, on acquittal by the court, either on the ground that the charge has not been proved against him or by giving benefit of doubt or on any other technical grounds, he must be regarded as having been prevented from discharging his duties and the period of absence, including the period of suspension shall be treated as duty for all purposes. He shall be paid full pay and allowances, which he could have been entitled to, had he not been under dismissal/removal/compulsorily retired from service.
When the dismissal or removal is set aside by a court of law and the employee is reinstated without holding any further enquiry, the period of absence shall be regularised and he shall be paid full pay and allowances.
The removal of an employee from service will not disqualify his for future employment. But, dismissal of a person from service shall ordinarily disqualify him for future employment.
M/s. Y-not legal services
(Expert) 14 January 2012
nicely explained by partha sir..
its nice to see you again sir.. welcome back..
-tom-
Sudhir Kumar, Advocate
(Expert) 14 January 2012
I will partially disagree with Mr Parthasarthy. Both dismissal and Removal are major penalties and can be imposed on any proven misconduct after following laid down procedure by an authority not less than appointing authority. In case of conviction the Inquiry is not needed an only Show Cause Notice will be sufficient. To invite this penalty there is absolutely no necessarily for the absence to be for five years. Rather absence is not the only charge on account of which these penalties can be awarded. I will partially disagree with Mr RK Makkar these penalties cannot be compare with termination of service which though puts an end to employee employer relationship but is governed by different set of rules. Termination is non stigmatic whereas dismissal and removal are stigmatic. I( will agree with Mr Anirudh that difference between dismissal and removal is that dismissal is a ban on future employment. Financial effect of both is he same.
