Termination of service during probation

FIN

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.



Attached File : 739920482 company should assess the past performance in service.doc downloaded 51 times
 
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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?

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

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".

 
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> Dear Sir/Madam, I request u to bring this information in media regarding State bank of India's recruitment process of probationary officers. > State bank has appointed approx 2450 probationary officer in the year 2009 after 3 phase of examination (TIER I-Preliminary test(held on 12.10.2008), TIER II- Mains exam(held on 30.11.2008), TIER III- Group discussion and Personal Interview(held in Feb 2009).).These Probationary officers got appointment letter and joined state bank of India from 15th May 2009.They had gone for two year probation period. According to STATE BANK OF INDIA OFFICERS SERVICE RULES, 1992. > > After 21 months they appeared for a confirmation test held on 27th February 2011.The result came on 10th May 2011. In the result, 600 candidateswere foundsuitable for selection process for placement in MMGS-II,1508 candidates were foundsuitable for Confirmation as JMGS-I on completion of 2 years probation period, 59 candidates could not qualify in Written Test and 19 candidates were Absent for the Written Test (Total 600+1508+59+19= 2186). > > There are some probationers whose name was not in the result, they got a letter from there respective Local Head Office mentioned that their probation has increased for the next 3 months upto 17.08.2011.but,on 31st May 2011 allsuch candidates got termination letter with immediate effect.When the enquiries were made, it was learnt that the banking authorities had taken a decision to discharge theprobationers on the ground oftheir alleged involvement in unfair practice in course of confirmation examination.Some of the candidates filed case in HIgh court, i.e Palak Modi in Allahabad high court (W.P. no. 1298/2011),Prabhat Dixit(W.P. No. 1512/2011), Shyam Chandra Jha in Guwahati High court.Palak has won the case and got order to rejoin the bank but Bank has challenged this order in the Supreme Court (Appeal (Civil) No(s).34373-34374/2011).Matter is pending for next hearing on 02.04.2012. > > The 59 unsuccessful candidates got letter from their LHO that their probation has increased for the next 6 months and they will have to appear for the next retest which will be scheduled within next 6 months of extended probation period. The next retest was held on 17.07.2011 at Mumbai, which result declared on 30.07.2011.Only CIRCLEWISE LIST OF SUCCESSFUL CANDIDATES was in the result.The candidates whose name was not in the list got threatened from their LHO that they have two option , either they resgined or they will be terminated from their services.Some of them has resigned.Those who did not resigned got theirtermination letter.some of candidate who resigned they filed writ petition in High Court, i.e., Monica Sharma in Delhi high court, Liza Sharan in calcutta high court (W.P. no. 15151/2011). > After that Bank withdrawn their resignation letter and then terminate them.Then they filed fresh case in high court challenging their termination(W.P. no. 20938/2011 in calcutta high court, W.P. No. 32451/2011 in Karnataka high court principle bench at Bangalore). > > They are requesting to show their answer sheet through Right Of Information Act, but bank denied to show answer sheet and replied thatanswer sheet is the property of IBPS and it is not in their record. > > The main key points in this story that most of the probationers who got terminated are permanent residents of BIHAR, and all are highly educated and sincere in their work.Most of them worked in other organisation before joining of SBI.But, today they are unemployed and searching for a new job.Bank did not give any prior notice of its action.Every thing was pre-planned. > > The second point is that at the time of first confirmation test confirmation policy was different, all of Probationary officers got circular Letter No.CirDO/HR/30 of 2010-2011 dated 03.01.2011 laid down the scheme and policy for confirmation of probationary officers of 2009-2010 batch, in which there is no clause for the termination.But after declaration of result on 10th may 2011, Board members and higher authorities issued a new circular CDO/P&HRD-CM/30/2011-12 dated 09th June 2011, which changed the confirmation policy for 2009 batch probationary officer.They changed the confirmation policy just to throw out the probationers from the organisation nothing else. > > As we all know that SBI probationers known as Mini IAS officers, and they are facing this kind of situation from the last two years.Their job is not safe, and they may be unemployed at any point of time.There is no job security in this profession.Every student who prepared for bank PO exams, they wishto become a SBI probationary officer. > I request u to please help them to get Justice, and regain their dignity back in the organisation.Because many of them became frustrated and they cant join another bank because of termination.Some of them having family and they are in need of job.They lost their job for such stupid reasons which does not have any gravity.If u need any supporting document regarding this matter please quote in this forum,I will upload them.Please help them.....I hope u will support us and try to understand our situation.... > > Thanks and regards. >
 
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Sir, Please give me an information that there is a time period to clear defects in the SC which is of 28 days, and the same can be extended for 15 days more taking permission from the Court and then again present before Registrar but again if the defects are not cleared then what 's the status for the party who took the case to SC and for the respondent?
 

 
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FIN

Have you obtained acknowledgment of servicing the certified copy?

On 21.02.2012 you may submit a representation under acknowledgment that you have not received any reply with reinstatement order and payment of amounts of wages ( by bank DD) and demand the same to be supplied to you by redg/speed post at once.

Has the bank/lawyer obtained a certified copy of the order from HC? It is felt that you may confirm it and date also.

You have posted "Bank is denying this fact and said that we come under second policy and previous one was for the senior batch i.e., 2008 batch." Has the bank produced any document to this effect? Were you or any other employee supplied any circular to this effect? You were asked to submit your acceptance of the policy and is it mentioned in any of the policy accepted and submitted by you? The policy which is supplied to you and accepted by you becomes applicable to you. You can allege that bank/official is doctoring the documents and distorting the facts.

However you and your lawyer shall be the best judge to raise these points.

 
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FIN

In case of Palak , HC has observed:

“Mr. N.K.Seth, learned Sr. Advocate, on the basis of

instructions, has fairly admitted that the performance of the

13

petitioners in the descripttive papers, which was held

simultaneously with the objective test was not evaluated.”

“The respondent-

Bank was required to scrutinize the cases of the petitioners

further on the basis of their performance in the descripttive paper

and interview (if any). 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.”

 

Finally:

 

“The impugned orders of discharge of the petitioners dated

27.6.2011, contained in Annexure Nos.1, to the writ petitions are

hereby quashed with the direction to the respondent-Bank to

examine and evaluate the descripttive papers of the written

examination of the petitioners held for the screening process for

Probationary Officers 2009-10 batch on 27.2.2011 and scrutinize

the case of the petitioners on the basis of performance in the said

descripttive papers and interview, if any, and thereafter take a

decision with regard to use of unfair means by the petitioners and

consequently pass appropriate orders in accordance with law. Till

a fresh decision is taken in this regard, the petitioners shall be

allowed to continue in service on the post of Probationary

Officers.”

 

Therefore the answer sheets can not be destroyed by the bank and IBPS to whom the contract (Theka) for exam/evaluation is assigned.

Thus you can ask for the copies of answer sheets from the bank and if the bank has moved to SC, in SC. It is another opportunity for you and all others to obtain copies of answer sheets. You must obtain copy of answer sheets.

 
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Consultant & Legal Analyst

Dear Mr. Jha,

 

Definitely, you have the right to get an opportunity to defend your case. Your bank cannot adopt arbitrary methods to terminate you without giving you an opportunity to present your case even if they have the suspicion of your having used unfair means in the departmental confirmation exam. In connection with your court case, you can call through the court of law all the related documents, including your test papers, the notings of authorities and the reasons quoted in arriving at decision to terminate you.

 
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