Removal and dismissal both result into a termination of service but every termination of service does not amount to dismissal or removal.
In the case of dismissal, the employee is disqualified from future employment while in case of removal he is not debarred from getting future employment. For example, if the dismissal is from the Government service, the employee is disqualified from future employment under the Government.
As regards pension, in the case of dismissal and removal both, no pension is admissible to an employee.
In the case of Dattatraya Mahadev Nadkarni (Dr) v. Municipal Corpn. of Greater Bombay, (1992) 2 SCC 547 : AIR 1992 SC 786, the Supreme Court held as under:
“…under the Constitution removal and dismissal stand on the same footing except as to future employment. In this sense removal is but a species of dismissal. Removal, like dismissal, no doubt brings about a termination of service but every termination of service does not amount to dismissal or removal.”
“The only difference in the punishment of dismissal and removal is that in case of dismissal the employee is disqualified from future employment while in case of removal he is not debarred from getting future employment.”
In the case of Shyamlal v. State of U.P., AIR 1954 SC 369, a Constitution bench of the Supreme Court held that:
“As regards pension both dismissal and removal stand on the same footing, namely, that both of them entail loss of pension and even when a compassionate allowance is granted in either case such allowance is much less than the pension that had been earned. The only difference between dismissal and removal is that while dismissal ordinarily disqualifies the officer from future employment, removal does not.”
Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.
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