Termination of po in sbi after 2 yrs of probation period
Prasad
(Querist) 30 October 2015
This query is : Resolved
Date:30.10.2015
Dear Sir,
SUB: Termination from SBI due to non disclosure of Pending Criminal case- REG
Before going into the details, please check the following data:
Date of joining as Probationary officer in SBI: 01.03.2011
Period of Probation: 2 years
Date of Probation extension (for 6 months) letter: 02.04.2013
(The extension is given after the completion of 2 years of probation and the reason is poor performance but not the non disclosure of pending case)
Date of Termination letter (Only after 1 month after Probation extension): 03.05.2013
Date of receiving Termination letter: 20.05.2013
I (Prasad KSNV) have completed M.Tech and joined SBI as Probationary officer on 01.03.2011 in my last attempt only. (At the time of joining in SBI, my age is 33 and I am OBC Candidate. For OBCs, 33 yrs of age is the last opportunity for entry into PSUs)
Before joining in SBI, I used to work as a lecturer in an Engineering College.
The year was Apr 2009 and I have intimated my wish of marrying one of our relative to my Mother. (My father expired previously and I am the eldest son in my family) But, my Mother did not approve my wish and fixed a marriage with another girl. I tried my level best to cancel the marriage but I could not. So, at last, as I don’t wish to marry against my consciousness and as I don’t want to do injustice to the girl I loved and also as I don’t wish to do injustice to the girl, with whom marriage was fixed, I finally told my Mother on the day before marriage that I will not marry. Even though, it was my fault to inform them in the last hours, because of my timid nature and family constraints, I could not have courage to tell the girl’s parents or my Mother well ahead of marriage. I dared in the last hours because I don’t want to spoil 3 lives because of my timed nature.
Aggrieved with this, the girl’s parents (who are from a political family) filed all fake cases against us that we have taken dowry before marriage from them and cheated them without marrying (Actually, we have not taken even a single pie from them. Further, we have paid around Rs. 1 lakh as we cancelled the marriage with them) U/s 417 r/w and 420. The Police, even though the girl’s parents did not produce any proof of our taking dowry, because of their political background, filed an FIR against us and ruined our lives.
I have never ever in my life had any experience with Police, Lawyers. As a result of which I had absolutely Zero knowledge about the rules and regulations in Police and Law.
Later, we were all arrested and sent to Jail. We got bail after 3-4 days and later after some time, the issue was settled among the elders around Aug 2009.
From then onwards till my joining in SBI, I did not receive any summons from court. So, I thought that matter is settled forever. This has happened purely because of my absolutely zero knowledge about the law.
So, while joining in SBI, I simply filled Nil in the columns of pending case, arrest etc as I thought it is a false case and that too a settled one.
But, I came to know that case is pending only when I received the summons from court in Oct 2011. When we approached the Girl’s parents, they told us that when they receive summons, they will tell that they have compromised.
In the mean while, in Dec 2012, I was given a show cause alleging Bigamy and pending criminal case and wanted explanation from my end by 31.12.2012. Actually I was never ever involved in Bigamy. I approached union leaders and they advised to close the case at the earliest else I may lose the job. I explained in detail about the false case, my ignorance of legal formalities, and my having a single wife but not bigamy and asked time for 1 month to show the proof of settlement of case.
I have also passed the confirmation test in Dec 2012 which is mandatory for Probationary officers
So, with the help of our Advocate, we have finally closed the case in Lok Adalat as a compromise with girl’s parents in Jan 2013 and submitted the copy to the Bank in the early week of Feb 2013 along with a request to condone my mistake of non disclosure of pending case.
I was anxious till 01.03.2013 as 2 years of probation is going to complete. After 01.03.2013,since, I did not get any information from Bank Local Head office in Hyderabad, I thought that Management pardoned me for the mistake and I was waiting for confirmation letter.
But on 02.04.2013, Probation extension letter was given to me citing poor performance but no mention about the non disclosure of case. I approached the union leaders and they said that it is a minor issue and management wants to give a small punishment only and I was assured that I will not be terminated. I was never indifferent to my duties and I have never received any complaints from my superiors either verbally or in written. Then, how can the Bank cite the reason like poor performance?? I think that Bank is convinced at this time that the explanation that I have submitted in Dec 2012 & Feb 2013 are justified and felt that since the case is settled, it is not important to remove me from service.
But on 03.05.2013, Termination letter was prepared and served to me mentioning non disclosure of pending case on 20.05.2013 with one month notice for separation. How can the Bank change its stand all of a sudden?? Just one month back, it did not mention about pending case and now, it is removing citing a pending case.
I filed the case in High court of AP,Hyderabad in Jun, 2013 for stay. But, I could not get the stay and the case is still pending in High Court of AP.
2 years have passed by and I was facing severe problems financially and mentally.
Till now, My case has not reached the Judge.
I request your good selves, whether I can win the case?? If Yes, How much time will it take to win the case??
I request all the elders (Lawyers) to kindly guide me and help my family
Thanking You,
Yours faithfully
Prasad KSNV
snunna3@gmail.com
Guest
(Expert) 30 October 2015
Sorry to Tell you that Bank is Legally Correct.You have filled the Pending Cases Column as Nil which is False and Obviously a cheating.
Prasad
(Querist) 30 October 2015
So, Sir,There is no chance for me to get my job back?? Is it justified that one small error costing the life or career ??
R.K Nanda
(Expert) 30 October 2015
query too long.
Prasad
(Querist) 30 October 2015
It is a matter of life
Rajendra K Goyal
(Expert) 30 October 2015
All the documents need to be referred.
However, in the given facts you have little chance to get back employment in SBI again.
Sudhir Kumar, Advocate
(Expert) 31 October 2015
when a criminal case was pending there was no way for you to joining PSU Bank without fraudulently hiding the fact.
action appears to be correct.
Prasad
(Querist) 31 October 2015
If a false case is imposed on a person, should his life be ruined?? Is this Justice??
Sudhir Kumar, Advocate
(Expert) 31 October 2015
This forum has no mandate to pronounce what is justice and what is not.
In service matter one has to be presumed guilty till exonerated. This is the hard fact.
Did you while submitting the attestation form for Police verification reported that a criminal case was pending on you.
Prasad
(Querist) 31 October 2015
An appeal to all the Advocates is that I had clearly understood the law of the land after my termination and I request you now is only one thing "Please give a reference to a judgement from Hon'ble Supreme Court or any Hon'ble High Court where similar type of case is handled."
Guest
(Expert) 31 October 2015
Dear Prasad,
Your story reveals, as if you relied much more on presumptions rather than reality of the case as well as your obligations towards your employer with regard to misconduct related to your employment.
Anyway, about your requirement of any case judgment, the question now arises, what will you do with the case judgment? Moreover, each and every case judgment has its own merits depending upon the nature, characteristics and circumstances of individual cases, which cannot be applied to any other cases, except if nature, characteristics and circumstances of that case haave the similarity with yours.
Moreover, when you have to hire a lawyer to fight your case, with what specific reason do you expect that some one else would waste his enormous precious time to do home work for and on behalf of your paid lawyer in making search for some case judgment similar to your case?
About your question, "If a false case is imposed on a person, should his life be ruined?? Is this Justice??" it is quite irrelevant for an employer. He is not concerned with the falseness or the truthfulness of the case. He is concerned with abiding by the rules of his own organisation and implementationt thereof due to legal implications. If he fais to abide by the prescribed rules & regulations and act emotionally, as you expect, he would only put his own career at stake, which is subject to disciplinary action against the concerned disciplinary authority/ HR personnel. So, nobody can be expected to put his own career at stake just to save your life from ruining in your personal and private affair. He has to discharge his duties and responsibilities as per the provisions of organisational rules and regulations.
However, my advice is, try for some other job instead of wasting time and money with a case against SBI, as chances of winning are bleak.
Rest depends upon your own wisdom.
