REMOVAL/DISMISSAL FROM SERVICE

An employee can be removed or dismissed from service, on the ground of misconduct which has led to his conviction on a criminal charge. Employees, who had been in continuous unauthorised absence from duty for more than 5 years, may be removed from service. (Memo.No.083622/434/Adm-1/4/82-2/6-9-82.

2. 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. (B.P.No.77, dated 14-3-85).

3. The pay and allowances of an employee dismissed/removed from service, cease from the date of such dismissal/removal.

4. 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. C.P.F. till the date of dismissal/removal/resignation. (Lr.No.102581-Q2/83-1, dated 9-3-84).

5. 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. (B.P.No.40, dated 23-2-95 and B.P.No.261, dated 25-8.88).

6. When an employee is served with an order of dismissal/removal from service, he ceases to be an employee of the Board and it would not be appropriate to continue another proceedings against him. However, if he is reinstated in service, the second proceedings on which orders have already been passed simultaneously and served on him can be proceeded with. (B.P.No.75, dated 13-3-85 and Memo.No.22237-p2/85-/17-6-85).

7. 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.

8. 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. (G.O.No.62/P&AR/N.Dept./dated2-2-96).

9. Where a person has been dismissed, removed, compulsorily retired, or substantively reduced from any service, no vacancy caused thereby or arising subsequently in such service, shall be substantively filled to the prejudice of such person until the expiry of a period of one year from the date of such dismissal; removal etc. or the appeal. if any, preferred by him against such dismissal, removal etc. is decided, whichever is later.