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rajender babu (clerk)     29 October 2014

Sbh sc employee

Dear Sir ,

Iam Rajender worked in State bank of hyderabad as a clerk and i have completed my probation period but not received my confitrmation letter . after nine months of joining in bank i was in absence (unauthorised) after issuing notice and terminated from the service.

please guide me whether could i rejoin the service as i wasn't aware of the notice ,i'm an SC employee what are the rights iam hold at this time ,please guide me



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 7 Replies

Sudhir Kumar, Advocate (Advocate)     29 October 2014

please come clear with facts of the case.

 

  1. Whether termination is based on a specific misconduct?
  2. whether you received notice of termination.
  3. whether any chargesheet/penalty order issued for unauthorised absence.
1 Like

rajender babu (clerk)     29 October 2014

Dear Sir ,

Thanks for your valuable time.

1)termination is based on unauthorised absence

2)notice of termination was received

3)No charge sheets/penalty orders issued

plz guide me

Sudhir Kumar, Advocate (Advocate)     30 October 2014

such termination is generally not sustainable.  Meet your lawyer immediately.

1 Like

Adv k . mahesh (advocate)     30 October 2014

have you meet the authorities or after seening the notice what steps you did because it is a minor issue and first talk to them and give your explanation letter to them if you want to draft the explanation letter meet a lawyer at your place and sort out the issue before it goes from you hand 

Sudhir Kumar, Advocate (Advocate)     30 October 2014

Talking to authorities after issue of notice of termination or giving any explanation was of no use. There is nothing they could do.

 

the issue has already gone out of hands

 

you need to challange the order now no option.

Adv k . mahesh (advocate)     30 October 2014

bank has not issued any charge sheet and directly issued termination so he has to give his version of explanation and see for one or two days then he can go for legal action because he is at fault as unauthorised absence 

Sudhir Kumar, Advocate (Advocate)     30 October 2014

No not at all so.

 

This is a termination order and is not appealable before department. 

 

The remedy lies only in court to challnage the same.  It canbe challanged because it is shortcut to disciplinary proceedings as it is based on a specific misconduct.

 

It is not a show cause notice or chargehseet that the employee has now to submit his version.  Even if version was to be given still 2-4 days is no time to wait. 


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