Termination of service during probation

 

Kindly consult your lawyer and issue letter/notice/legal notice to concerned reporting authority/DGM/GM(HR)/Chairman of the bank and all opposite parties including IBPS .If your lawyer advices it may be  mentioned that the answer sheets are case documents therefore can not be destroyed and the letter/notice/legal notice shall be submitted to court. You can also include that the bank has expressed passing the exam as a condition in employment contract and thus bank is the custodian of the answer sheets and hence bank has to keep the answer sheets in safe custody and if destroyed it shall be treated as willful destruction of crucial case document/evidence.

Yur lawyer may be in a position to advice better draft of the matter and effective approach to restrain the bank and IBPS from destroying the answer sheets. If possible the restrain may be applied for all candidates.

Valuable advice of learned experts/members is sought.

Answer sheets of board/university/public service commissions/professional exams

can be obtained/inspected by students. Kindly look into the details in the attachment in this thread.

 

• 60926_223623_19_9318_6958_46_ans_sheet_sc_details.doc

The exam conducted in your case is not department promotion exam.

 

Dear Sir,

I sent my case copy to M/S IBPS.But they returned it to me.I sent a letter to them to request to not destroy my answer sheet, but it was not accepted by them and returned to me.I sent it through FAX.Please suggest me what should I do?

Thanks and Regards.

As already posted:

"Kindly consult your lawyer and issue letter/notice/legal notice to concerned reporting authority/DGM/GM(HR)/Chairman of the bank and all opposite parties including IBPS .If your lawyer advices it may be  mentioned that the answer sheets are case documents therefore can not be destroyed and the letter/notice/legal notice shall be submitted to court. You can also include that the bank has expressed passing the exam as a condition in employment contract and thus bank is the custodian of the answer sheets and hence bank has to keep the answer sheets in safe custody and if destroyed it shall be treated as willful destruction of crucial case document/evidence.

Yur lawyer may be in a position to advice better draft of the matter and effective approach to restrain the bank and IBPS from destroying the answer sheets. If possible the restrain may be applied for all candidates.

Valuable advice of learned experts/members is sought."

Approach your lawyer and court and restrain the bank and this IBPS.

 

Go public. Contact Media. Create Noise.Ensure answer sheets are not destroyed.

 

 

Attached File (downloaded 21 times) :

• 178907973_decision minshu.pdf
• 178907973_palak decision order.pdf

@ Minshu,

The attachments could not be downloaded. Kindly attach again.

It is felt that SC has already decided that answer sheets can be examined by the student ( already attached in this thread as  60926_223623_19_9318_6958_46_ans_sheet_sc_details.doc), therefore HC,SC should allow to examine the answer sheets to all affected employees of the bank, and all employees should submit a notice to the GM-HR, Chairman of the bank citing the fact that answer sheet is a case document and bank should restrict the IBPS from destroying the answer sheets (which it does after 6 months) and that if despite the SC judgment and notice by the employee or court or lawyer of the employees if bank and IBPS resorts to destroying the answer sheets bank and its  partner IBPS should be punished.

All employees must unite (create a forum/guild/union/association) and find ways and means to intervene in all cases and must bring to the notice of each court and also the SC the verdict of HC in case of Palak Modi in which bank is defeated, and long list of employees who have been vindicated and aggrieved by the bank.

If employee is not satisfied with the reward of 50% of back wages employee may appeal for 100% back wages.

Valuable advice of learned experts and members is sought.

Dear Sir,

Kindly answer my other questions also regarding the contempt and caveat and possibilities of getting stay to the bank by supreme court asked in the previous post.

I've produced certified copy to the bank on 20th Jan.12 but Bank's status is showing as Defective and only a diary no.has ben issued to me. I'm thinking to file a contempt on Bank after 20.2.12 as 1 month will get over as specified in the judgement to give 50% of the backwages within 1 month of production of certified copy.

Can bank get stay on this condition in the Supreme court  against Allahabad Highcourt's decision when no notice has been issued to me and nothing in written has been given by the bank to me;  I've filed caveat , when bank will ask for stay will I be called upon?Shall I approach to media in this matter?

Kindly go through the orders and please advise whatever suits us.

I'm attaching Palak's and mine decision and then advise

Your matter is fully covered under the decided case of Lucknow High Court. Now expedite the efforts to notice the opposite party within the stipulated time.

If possible kindly attach copy of appointment letter, service rules of the bank. You may erase the names etc to maintain confidentiality.

Dear Sir,

I have attached my revised confirmation policy that was differnet from my appointment letter as mentioned in the new one.Right now I'm not having a soft copy of my appointment letter.

Learned HC has dwelled upon appointment letter,modified confirmation policy and all other rules and has delivered a remarkable judgement in yours and Palak's case.

 

"if the misconduct was the motive, the order of termination would be simpliciter but if it was "the foundation, it would be punitive.”

"bank has not stated anywhere in its counter affidavit that they assessed the service record of the petitioner during the probation period to come to the conclusion that she was unsuitable for "confirmation.”

" it could be presumed that the respondent-bank

had the opportunity to examine/ scrutinise the answer sheet "

YOU MUST ACT IMMEDIATELY TO RESTRAIN THE BANK THRU CHAIRMAN,GM(HR) AND OTHER PARTIES FROM DESTROYING THE ANSWER SHEETS. YOU MAY ISSUE NOTICE OR THRU YOUR LAWYER OR THRU COURT, UNION WHATEVER AND THUS SET A PRCEDENCE.

 It is felt that all affected employees should join hands and in each case highlight the excesses of the offender executives of the bank and its imperialistic mindset and attitude.

It is felt that learned SC shall take into account the rationale, wise comments and observations which constitute the judgment delivered by learned HC.

Thanks a lot Sir for your valuable advice, I'll follow it but Sir if I move a contempt against Bank does Bank has any chance of getting stay on the Highcourt's decision? They have got a notice issued in case of Palak since she didn't file the caveat but I have filed it and Bank took my matter on 30.01.2012 to SC. but they have not cleared the defects till date and my date of servicing certified copy was 20.1.12. one month ends on 20.2.12 , as per order by this date they had to give 50% of backwages to me within 1 month of production of certified copy and they have not intimated me any how about their action,  can they escape from contempt and get relief from SC saying that they have diary number?

Dear Sir, In my case calcutta high court did not give me the order for rechecking and revaluation of my answer sheet.I just got liberty to verify my answer sheet under RTI Act 2005. But IBPS is not comes under RTI Act as it is not a public authority and my case has been disposed off.Honble judge did not listen any greivance and refused it. Please suggest me for my next step.Bank has treated us with two policy.One at the time of first exam and other after declaration of result.Bank is denying this fact and said that we comes under second policy and previous one was for the senior batch i.e, 2008 batch.

Please help us to took our matter in the media....Because bank is replying in different ways in different cases....please help us....

Your employer is bank. Exam is conducted by bank. Bank is custodian.

If bank has given contract ( Theka)/enagaged some other agency for exam does not mean that bank is not more examiner and custodian.

Moreover bank in your case is declared a "STATE".