Removal From Service - Law Dictionary Search Results
Home Dictionary Name: removal from serviceRemoval from service
Removal from service, the word 'removed', which appears in Article 311(2) does not find mention in s. 240(3) of the Government of India Act, 1935. But this does not mean that s. 240(3) did not cover a case of 'removal'. It is by now well settled that from the constitutional stand point 'removal' and 'dismissal' stand on the same footing except as to future employment, Uttar Pradesh Government v. Sabir Hussain, AIR 1975 SC 2045: (1975) 4 SCC 703: (1975) Supp SCR 354....
Cessation of service
Cessation of service, the 'cessation' of service pursuant to Rule 18 of the Fundamental Rules would, in substance and effect, stand on the same footing as 'his removal' from service within the contemplation of Article 311(2) of the Constitution, particularly when it is against the will of the employee who is willing to serve, or who had never lost the animus to rejoin duty on the expiry of his leave. Another reason for equating 'cessation' of service under this rule with 'removal' within the meaning of Article 311(2), is that it proceeds on a ground personal to the employee involving an imputation which may conceivably be explained by him in the circumstances of a particular case, State of Assam v. Akshaya Kumar Deb, (1975) 4 SCC 339: AIR 1976 SC 37 (39)....
Dismissal or removal or reduction in rank
Dismissal or removal or reduction in rank, Any and every termination of service is not a dismissal, removal or reduction in rank. A termination of service brought about by the exercise of a contractual right is not per se dismissal or removal. If the termination of service is founded on the right flowing from contract or the service rules then, prima facie, the termination is not a punishment and carries with it no evil consequences and so Art. 311 is not attracted. A reduction in rank likewise may be by way of punishment or it may be an innocuous thing, Parshotam lal Dhingra v. Union of India, AIR 1958 SC 36: (1958) SCR 828...
Dismissal and removal
Dismissal and removal, the dictionary meaning of the word 'dismiss' is 'to let go; to relieve from duty'. The word 'remove' means 'to discharge to get rid off, to dismiss'. In their ordinary parlance, the said words mean nothing more or less than the termination of a person's office. The effect of dismissal or removal of one from his office is to discharge him from that office. In that sense the said words comprehend every termination of the services of a Government servant, Moti Ram Deka v. N.E. Frontier Railway, AIR 1964 SC 600 (621). (Constitution of India, Art. 311)...
Removal
Removal, 'removal' cannot be the equivalent of loss of service but the loss of 'post', 'station' or 'office', R.P. Kapur v. S. Pratap Singh Kairon, AIR 1964 SC 295: (1964) 4 SCR 224.(ii) The word 'removal' contemplates shifting of a thing from one place to another. It contemplated physical movement of goods from one place to another, J.K. Cotton Spinning & Weaving Mills Ltd. v. Union of India, AIR 1988 SC 191: (1987) Supp SCC 350: (1988) 1 SCR 700.The transfer or moving of a person or thing from one location, position or residence to another, Black's Law Dictionary, 7th Edn....
cancellation of removal
cancellation of removal A discretionary benefit adjusting an alien's status from that of deportable alien to one lawfully admitted for permanent residence. Application for cancellation of removal is made during the course of a hearing before an immigration judge. Source: U.S. Citizenship and Immigration Services ...
Reimburse
Reimburse, 'reimbursed' is different from contracts to contribution. Contributionis between persons equally bound, reimbursement between a person interested in payment and a person bound to make the payment, Nandlal Singh v. Ram Kirit Singh, AIR 1950 Pat 212.Reinstatement can only arise where man is dis-missed or removed from service or if his service has terminated and he is brought back to service, Hemanta Kumar Bhattacharjee v. Union of India, AIR 1958 Cal 239....
Cut and removed from any land
Cut and removed from any land, words 'cut and removed from any land' used in s. 4 to not suggest felling of the trees and removing the wood from one part to another on the land. They would indicate cutting the trees and removing them out of the limits of the land held by the grantee or the lessee under the grant or lease, Divisional Forest Officer v. Tata Finlay, (2001) 5 SCC 684: AIR 2001 SC 2672 (2676). [Kerala Grants and Leases (Modification of Rights) Act, 1980, s. 4]Cut and removed from any land, the words 'cut and removed from any land, used in s. 4 of the Kerala Grants and Leases (Modification of Rights) Act, 1980 do not suggest falling of trees and removing the wood from one part to another on the land, Divisional Forest Officer v. Tata Finlay Ltd., (2001) 5 SCC 684 [Kerala Grants and Leases (Modification of Rights) Act, 1980 (16 of 1980)]...
remove
remove re·moved re·mov·ing vt : to change the location, position, station, status, or residence of: as a : to have (an action) transferred from one court to another and esp. from a state court to a federal court see also separable controversy NOTE: Section 1441 et seq. of title 28 of the U.S. Code allows a defendant who is brought into a state court to remove the action to federal district court when diversity of citizenship exists, when the action involves a claim or right arising under the U.S. Constitution or under laws or treaties of the U.S., or when the defendant is a foreign country or its agency or instrumentality. Civil actions and criminal prosecutions brought against an officer or agency of the U.S. for any act under color of office may also be removed. b : to dismiss from office [an independent counsel…may be removed from office…only by the personal action of the Attorney General "U.S. Code"] c : to take away [should his incapacity be remo...
Interregnal
Interregnal, those (that) which occupy an interregnum i.e., a brief interval or break for an otherwise continuous event. 'Shri Bhandare has pressed the lachrymous case of several hundreds of 'interregnal' employees whose removal from service, on re-instatement of the old might spell inequality.' [LIC of India v. D.J. Bahadur, AIR 1980 SC 2181, para 10]. (Justice V.R. Krishna Iyer)...
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