Termination
Rajeswariii
(Querist) 10 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 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.
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
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
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 regarding sending me the copy of judgement pertaining to Amandeep singh case.
Guest
(Expert) 10 February 2016
Repeated query by change of title.
Her original query:
http://www.lawyersclubindia.com/experts/At-the-time-of-appointment-non-disclosure-of-pending-case-583421.asp
