Dismissal vs. Resignation: Understanding the Implications
Namaste.
Dismissal is a harsh, major punishment. It implies the loss of major terminal benefits, particularly gratuity. An employee dismissed from service loses his/her right to gratuity. If the termination of service due to misconduct while in service is necessary, offer an opportunity to the concerned employee to tender resignation and go gracefully. If he/she is adamant, there is no option but to dismiss him/her. In the event of dismissal, severance pay and other compensatory benefits are not applicable. Such benefits become due only when the termination is on other grounds than misconduct.
In a government set-up, there is one more option which is not available in the private sector. It is compulsory retirement. If a government employee is found guilty of misconduct and misbehavior, his/her services can be terminated after the conclusion of due disciplinary proceedings. It is for the disciplinary authority to pass on punishment in the form of dismissal or compulsory retirement. If the employee is 'dismissed' or 'removed from service', the employee loses the right to claim gratuity and pension. However, if the disciplinary authority is kind enough, a lesser punishment can be handed down in the form of compulsory retirement. In this case, the compulsorily retired employee loses only the balance years of service but retains all terminal benefits such as pension, gratuity, leave encashment, memento, post-retirement medical benefits, etc.
The Honorary Path: Resignation
Resignation is an honorary way of parting. Just take the resignation letter and relieve him/her. No need to take the resignation letter of a back date or pay any notice pay, etc. The management always has the right to waive notice pay or condone the notice period. Just shake hands and bid goodbye!
Regards,
Shyam Agrawal