Section 164 in Bihar Board's Miscellaneous Rules, 1958
164. Distinction between "removal" or "discharge" and "dismissal".
- There is a broad distinction between "removal" or "discharge" and "dismissal". "Removal" or "discharge" does not bar future re-employment under Government, but the effect of an order for "dismissal" is to preclude the dismissed officer from being employed again in public service except with the express sanction of Government. "Removal" should be the penalty in such cases as unfitness for the duties of an office where it is not thought necessary to bar future re-employment under Government. The sanction of the provincial Government is required for the re-employment of a person who has been dismissed. Precautions should be taken that it will prevent the inadvertent re-employment of such a person. Ordinary cases of dismissal of non-gazetted officers need not be notified in the Gazette (vide Appendix 1).Note. - (i) The discharge of a person appointed on probation during or at the end of the period of probation, on grounds arising out of the specific conditions laid down by the appointing authority, e.g. want of a vacancy, failure to acquire prescribed special qualification or to pass prescribed test, does not amount to removal or dismissal.(ii)The discharge of a probationer, whether during or at the end of the period of probation for some specific fault or on account of his unsuitability for the service, amounts to removal or dismissal within the meaning of this rule.
