At the time of appointment, non disclosure of pending case
Rajeswariii
(Querist) 08 February 2016
This query is : Resolved
My friend, who joined with State Bank of India as Probationary officer in Mar 2011 was terminated in Jun 2013 even after extending his probation in Apr 2013.The reason cited is he has not disclosed a pending case (Marriage related)against him. The case is settled in Jan 2013 in Lok Adalat.He has got a notice by SBI in Dec 2012 reg the case and Case is settled in Lok adalat as compromise in Jan 2013. The details are submitted by him to Bank.Later, after extending probation in Apr 2013, he is terminated in Jun 2013.
Probation is for a period of 2 years. After completion of 2 yrs probation period, Bank extended the probation citing a ground that the candidate has to improve the subject but not on the ground of the case. Later after extension of probation, within 1 month, service is terminated. The case is a false case Under Sec 417,420 Under sec 34 and also under sec 3,4 of Dowry prohibition act(resolved in Jan 2013 in Lok adalat)
The case came to the notice of SBI while making enquiry about antecedents. The judgement is given by lok adalat is a compromise award is given between two parties and the case is closed. The termination notice contained details of the sections of the case. But, it didn't mention about the case in extension letter given in Apr 2013."
The case came to the notice of SBI while making enquiry about antecedents.
The Bank gave a show cause notice regarding the pending case on 10.12.2012 giving a deadline of 31.12.2012 to answer. My friend replied on 31.12.2012 to give one month time to submit proofs defending his version. Accordingly, he got the case resolved in Lok adalat on 29.01.2013 and submitted the proof and explanation on 07.02.2013. Later, on 02.04.2013, he was given an extention of probation letter indicating that his performance need to improve. No information relating to show cause and his explanations. Later after one month, on 03.05.2013, he was issued a termination order with one month notice mentioning the show cause letter. No mention is given about the probation extention letter.
I came to know that Hon’ble Chandigarh High Court (Punjab & Haryana) Justice Sri Kuldeep Singh gave a judgement around 23.12.2015 in the case of Amandeep Singh Vs State of Punjab that non disclosure of pending case should not lead to termination. Can you please send me the copy of it??
Please help in our case.
Guest
(Expert) 08 February 2016
Ms Rajeshwari,
From the nature of your query, I can surely say, this is not a real case concerning your friend, rather it is an academic query pertaining to your law course.
The question arises, even if it is a real case and the case pertains to the misconduct of the employee, as per the conduct & discipline rules of the SBI employee, in what way the judgement in the case of Amandeep Singh Vs State of Punjab can help your friend to get reinstated in service.
Further more, if your friend has filed a court case against termination order by the SBI, why the fee based hired lawyer of your friend should not do his home work, himself?
The more crucial question arises, why your friend remained sleeping with no action for nearly three years after his/her termination.
Rajeswariii
(Querist) 08 February 2016
Sir, Thanks for the reply. The Problem above is a real case. My friend already filed a suit in High Court in June 2013 and the case is still pending. He told me that he got to know about Amandeep Singh case which was related to his case. In Amandeep case, the judge reportedly told that non disclosure of pending case at the time of appointment is not a valid reason for termination . So, as I could not get its copy in internet, I asked for your help.. Hope yours doubts are clarified...
Guest
(Expert) 08 February 2016
If so, what his lawyer has been doing so far for the last more than two and half years? Also, what has been done so far in the proceedings of the case with the present status of the case?
Rajeswariii
(Querist) 09 February 2016
My friend has filed a suit in Jun 2013 for stay. But, court dinot give stay but accepted the case. From then to till date, the case did not reach the judge. The lawyer said he will close the case once it reaches the judge.
P. Venu
(Expert) 09 February 2016
It appears you are not in the know of the complete facts.
Guest
(Expert) 09 February 2016
I endorse the views of Shri P. Venu, if the case exists in reality.
The question arises, when the lawyer has assured that he will close the case when that reaches the judge, what is the cause of worry and the necessity of seeking the judgment by you or your friend? The lawyer seems to be sure that he can manage the things.
Rajeswariii
(Querist) 09 February 2016
The Lawyer assured of closing the case once it reaches the Judge. But, we have to be aware of previous judgments before hand so that we can add some more input to the efforts made by the lawyer. as the case is do or die situation for my friend, I asked for your help. Thanks & Regards..
Guest
(Expert) 10 February 2016
Ms. Rajeshwari,
Your plea is not convincing.
The question arises, has your friend not made enquiry from his lawyer about the availability of your desired case law? If he does not feel the need for that or you want to add that for additional inputs to help the lawyer, you may hire services of some other local lawyer to track the requisite case law, as nobody would like to waste his valuable time to do the home work on behalf of your hired lawyer in search of the requisite case law.
Another question arises, if your lawyer does not feel the need of that case law, how without going through that you are sure that the said case law would prove to be a sure shot remedy to your friend's case? I think in that case, you or your friend can be considered to be more knowledgeable persons than your lawyer and also that your friend could well have fought his case more effectively without the need to hire that lawyer to fight the case.
Guest
(Expert) 10 February 2016
Ms. Rajeshwari,
Your plea is not convincing.
The question arises, has your friend not made enquiry from his lawyer about the availability of your desired case law? If he does not feel the need for that or you want to add that for additional inputs to help the lawyer, you may hire services of some other local lawyer to track the requisite case law, as nobody would like to waste his valuable time to do the home work on behalf of your hired lawyer in search of the requisite case law.
Another question arises, if your lawyer does not feel the need of that case law, how without going through that you are sure that the said case law would prove to be a sure shot remedy to your friend's case? I think in that case, you or your friend can be considered to be more knowledgeable persons than your lawyer and also that your friend could well have fought his case more effectively without the need to hire that lawyer to fight the case.
