Termination of service during probation

FIN

Kindly consult your lawyer and:

 

-submit copy of the judgment to your court.

-raise RTI to obtain copy of answer sheet of descripttive paper, and result of interview. Bank has no right and you should now " Tame the bank and shame the bank and their GM-HR who has passed the order to terminate you :" and tell them  lost the right to dream and  term objective, descripttive, interview result as confidential in the light of judgment of learned HC in case of Palak.

It should be the your and your lawyer's calculated and weighed decision, and discretion  to :

-dispatch copy of decision to SBI and GM-HR who has passed order of termination, and  demand to reinstate you with immediate effect, and compensate you for causing stress, mental agony, tension, financial hardship/loss, loss of public image, prestige............. and beg apology in writing.

-demand GM-HR should appear in person at HC in your case and submit that they concur with the decision of HC passed in similar case of another employee Palak and tender copies of your answer sheets of objective, descripttive papers and result of interview and reinstate you with immediate effect with full back wages.

-demand from GM-HR and bank that they willfully remained absent in HC in your case and are ashamed in their individual capacity.

Be it SBI or any other employer, HR/personnel would tirelessly work to keep the employee ill informed, ignorant, and subdue them by imposing some imaginary phrases, like in your case". Employee should tame and shame such individuals.

"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."

You shall be with in your rights to ask this GM-HR that he shall apply his individual common sense and shall not impose arbitrary, stupid, dictating, rules/orders even if he is drawing salary from the company, and is directed from above to do so.

Tame the bank and shame the bank and its GM-HR. You have won the war and you shall win the battle. Kindly remain patient, cool and amiable. It shall be worth while to acquire a book titled "Jonathan Livingston Seagull — a story." by Richard Bach.

It is small but a great book capable of unleashing learning from within. Your investment on this book shall not go waste. It is suggested that you read one page /day and always start from page 1.

 

 

 

 
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bank can go Supreme Court or not in reference of this decision. pls advise.

 
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FIN

Bank may!

 

Valuable opinion of learned experts/members is sought.

HC has ripped apart the defense of the bank. SC may do it further. SC may order a severe penalty. The wrongdoing of the bank and its GM-HR is but obvious. Have you shown the judgment of learned HC to the elders in the family, near and dear ones? One can read between the lines. If the bank is stupid, bank can resort to any levels of stupidity.

Banks were created and nationalized to liberate the citizens of independent India, from the clutches of Sahookar (moneylender) and Lathait (musclemen). However many of the banks and bankers have not been able to shed the mentality and frantically prefer to create a state with in the state despite the fact that courts of law had to intervene a number of times. It has become need of hour to record per name of the bank and banker each order passed and offense and classify them habitual offender. It should not be difficult. Like for same offense/ violation of traffic rules, penalty would be severe each time and after 5th time driving license would be cancelled.

 

It is more imp. to know whether the bank has complied with the order of learned HC or not?

You may connect to:

-other employee Palak, so that this employee in consultation with his/her lawyer acts and raise demand with bank in line with order of the HC and exercises his/her rights.

-your lawyer, and start your action to exercise your rights.

Why the bank did not install CCTV in examination centers and if CCTV was installed why the bank has produced CCTV footage? Why the bank and its GM-HR, instead, are drumming, a stupid stand that "Court should not sit over the decision of the expert body?”

Kindly do not panic and remain anxious. Rather you should enjoy utilize the time with your family, children, parents, family, friends…..and to enhance your qualification.

May be it is a blessing in disguise.

In the mean while if you feel like earning your livelihood, you can.

While you decide your line of business:

-If you convert your hobby into business, it is best since you shall enjoy it.

-If you choose as per qualification and experience, it is better since you know the trade.

-If you move with the trend it is good since trend is your friend.

Have you seen the video coverage of Adv. Arun Jaitely poking holes in defense of Justice Sen, during the impeachment proceedings? It is worth watching.

http://ibnlive.in.com/news/justice-sen-defends-himself-in-parliament/176427-3.html

http://www.rediff.com/news/report/what-jaitley-said-in-impeachment-of-justice-sen-in-rs/20110817.htm

This may give you fair idea what an intelligent lawyer and courts can do to high and mighty, which in your case is premier bank of our beloved republic.


Total likes : 1 times

 
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In connection of above all discussion, after getting verdict in the Lucknow bench of hon'ble hc of allahabad the bank has moved to supreme court with diary no. 38567 of 2011 on dated 05-12-2011. Now i require ur suggestion that as u know the case of Ms Palak Modi and us is similar in all aspect, is it possible to move/add our cases pending in different high court with the appeal filed by the bank in hon'ble supreme court against Palak's verdict. Ur valuable reply is solicited.

 
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Adv P & H High Court Chandigarh

I do agree with the opinion of Doab.

 
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dear sir 

i am among those 28 probationary officers who have been terminated by state bank of india.

As we come to know in the case of Palak Modi vs sbi, the sbi has moved to supreme court

what is the next going to happen, as a layman i am not able to understand.

please help me to know what can be expected from here.

 
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FIN

Approach a competent and experienced lawyer with all the records you have and give all the relevant inputs to your lawyer. You may explore the possibility and merit of class suit.
 

 
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              ALL INDIA STATE BANK OFFICERS’ FEDERATION                                          (Registered under the Trade Unions Act 1926, Registration No: 727/MDS)
State Bank of Buildings, St. Mark’s Road, Bangalore – 560 001
 
CIRCULAR NO.47                                                                                                                               DATE: 18.05.2011
 
TO ALL AFFILIATES /MEMBERS:
 
PROBATIONARY OFFICER’s /TRAINEE OFFICER’s CONFIRMA TION TEST
 
         
The Executive Committee of Central Board at its meeting held on 12.05.2011, has made following changes in confirmation of PO’s /TO’s from 2009-20010, batch onwards as under:
 
i.             First confirmation test will be conducted after 18 months of probation.
 
ii.           For confirmation in JMGS 1, qualifying marks in the written test will be 50% (45% for SC, ST and PWD).
 
iii.         All candidates who secure 75% or more in the written test will qualify for Group Discussion and interview. Such candidates (not belonging to SC and ST categories) securing 75% or more in Group Discussion and interview will be confirmed in Scale – II. However, for candidates belonging to SC and ST categories, the qualifying marks in Group Discussion and Interview will be 70%.
 
              In this context, it is clarified that aggregate of marks awarded in ‘Written Test’ and ‘GD & Interview’ will not be considered. Accordingly, only those candidates who secure minimum qualifying marks in the Written Test will qualify for GD & Interview.  Thereafter, those who secure minimum qualifying marks in GD & interview may be confirmed as Scale-II officer in the Bank. The qualifying marks for ‘Written Test’ and ‘GD & Interview’ for confirmation in Scale-II are mentioned as under:
 
 
             
 
WRITTEN TEST
GD & INTERVIEW (COMBINED)
Full Marks
200
50
Candidates (not belonging to SC and ST categories)
75% i.e., 150 marks
75% i.e., 37.5 marks
Candidates belonging to SC and ST categories
75% i.e., 150 marks
70% i.e., 35 marks
 
iv.         Probation period of POs/TOs who fail in the confirmation test will be extended by six months and candidates will write the second test to be conducted after six months of first test.  Second test will be for judging their suitably for confirmation in Scale I only and even if the candidates score 75% or more marks in the written test, they will be confirmed in Scale I only.
v.           In case the candidates fail in the second test, in respect of POs their services will be terminated, whereas TOs will be reverted back to clerical cadre.
vi.         Annual increment date of the candidates, whose probation is extended, will be shifted with the extended probation period.  Further, the service rendered by the officer during extended probation period will not be counted as eligible service for seniority/next promotion. However, ignoring extended probation period for seniority will have no impact on officers’ superannuation benefits.
vii.       Further, those POs and TOs belonging to 2008-09 batch only (whose numbers are 35 and 1 respectively), who do not secure the minimum qualifying marks in the second test may be allowed to appear in the third test as per the existing policy. If such candidates fail in the third test as well, they may be confirmed as JMGS I after withdrawal of four increments, given to POs and TOs as per the existing Rules. This is being extended to them because POs and TOs of 2008-09 batches have already been advised that three attempts for confirmation will be given to them and in the event of being unsuccessful in the third test, they may be confirmed as Officer JMGs I after withdrawal of four increments, given to POs and TOs as per the Rules.
 
2.      Accordingly, Rules 5 (1) (a) and 18 (4) of State Bank India Officers’ Service Rules are amended. The affiliates/members may take note of the changed procedure in case of confirmation of PO’s/TO’s in our Bank. The official communication follows.
 
With greetings,
                                                                                                                    
 
                                                                                                                                                                    (G.D.NADAF)
GENERAL SECRETARY
 
 
 
 
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FIN

Now what is the relevance of the circular in this case?

The case in this thread is “Bank is terminated the services based on suspicion".

Bank has declined to grant the copies under RTI.

Bank is drumming a stand that “Courts should not sit over the decision of Expert Body" and this stand of the bank has been rejected by HC and HC has ordered relief to the employee.

Now the querist should approach his HC with the order granted by HC in case of Palak Modi.

If the bank has remained absent in HC, the lawyer of the querist can take appropriate call in the matter and approach HC. The querist should proceed further under expert legal advice and as per the directions of HC in this case.

This is an interesting thread. Kindly post the latest developments.

 
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@ Kumar Doab

 

I feel with this circular bank makes its stand clear. At least candidates get relief from uncertainty. POs are  employees and it is ever be healthy for them to get the matter solved through proper officer-employees' platform instead of roaming around the corridors of court of law that extended to appex court at New-Delhi.

 
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