Termination of service during probation


This is regarding my illegar termination of service from State Bank of India during my two year probation as a Probationary Officer. I have been appointed as a Probationary Officer in SBI on 15.05.2009. I hve done all assignment during my probation and never received any memo/explanation from the bank during probation. I hve been directed to appear in a confirmation test on 27.02.2011 for confirmation in the service. I was expected to be confirmed on 15.05.2011 on completion of two years but on 10.05.2011 i received one extention letter for the proation for next three month without assigning any reason. on 31.05.2011 i received my termination letter stated that i m not fit for the post withouth assigning any reason.

On further querry from the HO and through RTI i get information regarding there is a report against me and some more other employee from the exam conducting agency IBPS to the bank that post examination report on the basis of some statistical formula they have suspect that we have used some unfair means during examination. No opportunity of natural justice has been given us and in reply of RTI bank has informed that our candidature in confirmation test has been concelled and they have declined to show my copy and marks as it confidential in nature.

I hve filed one writ petition in the court of Hon'ble HC of guwahati but the process is very slow there. One of the similar case is running in the court of HC of Lucknow bench and in the last stage there.

I requst you to study my case and suggest further possiblities in our situation. And also suggest me that i m the permanent resident of Bihar, then can i be the intervenar in the similar case in patna high court or not.



Attached File : 143286 223509 56 w p c shyam chandar jha.doc downloaded 366 times
 
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FIN

You have posted that " they have declined to show my copy and marks as it confidential in nature."

You and your lawyer may find the attachment useful, for your cause.

Kindly update the details and developments in forum.

Apparently it seems that your probation period was extended to cause termination.

If possible you may post the enclosures mentioned in your writ petition, and documents mentioned in your post.



Attached File : 60926 223623 19 9318 6958 46 ans sheet sc details.doc downloaded 314 times
 
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Sir, Thanx for ur support and valuable advise. I hve some querry that how much our case have strength in the court of law according to my writ petition. In addition. please advise me that can i be add myself as intervener in the similar case in Patna High Court or not (Cause of action in guwahati and i m the permanent resident of bihar).

As the bank has used its discretionary power of termination during probation without casting any stigma, can it be challeged in the court of law or not. And please say that in the court of law the report/analysis based on statistical formula is acceptable or not, if yes then to which extent.

I m eclsoing herewith the coutner affidavit filed in a similar case to another high court for ur perusal.



Attached File : 143286 223647 3 counter affidavit on behalf of respondent no 4 onkar prasad.pdf downloaded 154 times
 
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FIN

Use of Unfair means is suspected. Based on suspicion bank has caused termination. And on the top of that no opportunity is granted to aggrieved to prove innocence. Bank is unwilling to grant an opportunity. Bank is volt faced to deter the courts from intevening on flimsy grounds.

The images could not be copied.Kindly look in the attachment.



Attached File : 60926 223708 5 sbi.doc downloaded 232 times
 
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Thank u for ur so much support. Sir, please advise me some of the query regarding "intervener" in the similar case of Patna High Court. (Cause of action in guwahati and i m the permanent resident of bihar). Actually my case in guwahati high court is running very slow. I hve filled the case in July 11 but till today bank has not appeared in my case. Please suggest me what step can i take further.

One more qeustion that i can do job in another government organisation during this period or not.

 
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They can terminate services of not only probationers but even Confirmed officers in India "IN PUBLIC INTEREST". If you are looking for natural justice in India,then forget it. Get a good officer certificate from the bank and try a better job.

 
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FIN

"can i be add myself as intervener in the similar case in Patna High Court or not (Cause of action in guwahati and i m the permanent resident of bihar)." Kindly seek opinion from your lawyer.

"till today bank has not appeared in my case." Bank shall have to appear or the learned court shall take a decision. Kindly do not panic or be anxious. These matters take their own time. Your lawyer would know what to do.

"can do job in another government organisation during this period or not." Majority of the organizations in their employment application/questionnaire/forms asks to declare the reason for leaving past employment. It is your call. One should not hide. If you declare termination chances of getting job shall decrease.

Mr. Kaul has given opinion. If bank issues "good officer certificate from the bank' certificate and it helps you to settle down in future ventures, you may take final call on this.

Valuable advice of learned experts/members having expertise, mastery on such matters is sought.

 
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Adv P & H High Court Chandigarh

No. You cannot add your case as an intervener before Patna High Court just on the bases of your permanent residence within the area of Bihar when your petition is already pending before Guwahati High Court. Time is taken by all courts. If you can wait then do it otherwise follow advice of Mr. Kaul.

 
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Thanks to u for going through my case. Sir as i hve stated above one similar case of my one batchmate is peding in Lucknow HC. The decision of the same case has been given which is attached below. Plese go through the decision and pls let me explain is it in favour of me completely or not. In addition pls clarify that what action bank may take after this decision and also what options i hve after this decision and how can i use it in my case.



Attached File : 143286 226861 16 judgement palak.pdf downloaded 234 times
 
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FIN

Kindly look into the attachment.

Learned HC has ruled in favour of rule of law and has made it clear that:

 

"No person shall be adversely affected

merely on the basis of suspicion. It is a cardinal principle of law

that unless and until the charge or guilt is proved, a person

cannot be condemned or punished.”

and

has defeated bank's plea that:

"Court should not sit over the decision of the expert body."

and

the bank has been defeated as bank attempted to take refuge Termination simplicitor is not stigmatic and no enquiry is required before passing the order of Termination simplicitor.

 

The decision of the learned court is in favour of Palak and hence you since your case is absoloutely same as that of Palak.

You should feel relieved. However kindly seek the opinion of your lawyer for further action.

This judgment may be a landmark judgment and may become guiding one for times to come.

 



Attached File : 60926 226945 9 sbi hc judgment palak.doc downloaded 233 times

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