This case has been cited 1 times or more.
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2007-09-12 |
AUSTRIA-MARTINEZ, J. |
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| The only difference between the two modes of separation is that the first carries administrative disabilities, such as forfeiture of retirement benefits and perpetual disqualification from employment in the government service,[35] while the second does not.[36] But both result in loss of employment - a property right protected under the due process clause.[37] Hence, even if considered a non-disciplinary mode of separation, dropping from the rolls due to mental incapacity not arising from immoral or vicious habits is subject to the requirements of due process,[38] as prescribed in the following provisions of MC 40-98: Rule XII | |||||