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.

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.

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.

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.

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.

"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.

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.

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.

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.

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.

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

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 5^th 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.

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

https://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.

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.

I do agree with the opinion of Doab.