dismissed.
Querist :
Anonymous
(Querist) 08 April 2011
This query is : Resolved
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.
Q : so can we say that if the person if dismissed than he is not qualified to appoint again in same organistion, company or any branch of it. & if he is removed than he cn appoint again in the same branch or organsisation or company if yes than can be used & followed in govement departments when the words dismissed or removal comes.
also futher more case law which make the difference between dismissed & removal for the any officer, branch, co, organsiation ?
Thanks
Kirti Kar Tripathi
(Expert) 08 April 2011
yes, the the principles of dismissal and removal are same in every establishment, whether, it is government, or semi government or private or otherwise.
