Termination of service during probation

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.

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.
 

 

	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

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.

@ 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.

@Chandan

All along till date throughout the career we have always suggested that the issues whatsoever be resolved within the company, by dialogue, gentle representation, application of rapport, negotiation, goodwill, persuasion, persistence, reasoning , citing rules, policies etc, thru union, redressal mechanism.

These usually suffice. All of us who have  worked  in line management, HR, personnel, marketing, sales, training and development, brand management, IR . etc and have handled the real life situations shall agree.

However if these do not fetch any relief then other avenues may be explored, including legal recourse.

It is felt that the circular posted above in thread (iv) and other points do not cover the grievance of the employee.

The charge leveled is unfair means which the querist has denied. The termination is caused based on suspicion. The quesrist applied for copies of documents which were denied.From this thread and other posts it is implied that the bank has terminated large number of employees based on charge of suspicion.

Since there are many employees it can be believed that many of the employees might have approached the union/association or union/association might have come forward for the rescue of the employees.

Since the establishment is based pan India and the union/association is also spread pan India all employees must have heard from union/association. It is sheer guess that in the absence of a tangible and prudent outcome aggrieved employees must have knocked at the doors of courts of law.

Although learned High court has granted relief to the employee it is the bank which has approached Supreme Court.

 However taking a cue from your post, if there is any scope of rapprochement and relief to the employees, suffering from the decision of executive that may be shared in this thread. It shall help the larger interest of employees and citizens, and it shall also restore the faith of employees in establishment and redressal mechanisms.

Why most of the POs who got terminated are permanent resident of bihar? In our group who got second chance to seat in the examination and failed are 16 in counting.Out of 16, eleven are from Bihar.Because the master mind is in Mumbai and he or she decided which person should be terminate........and it is also not a co-incidence.But nobody is trying to get the real fact.As we all know that questions were very easy, it was impossible to not qualify in the test.After that lots of people were terminated.Bank is denying to show our answer sheets.If they have transparency then why they r escaping to show our answer sheet....It is really surprising that India's number one bank has accepted such a cheap reason to terminate the probationary officers who faced three phase of tough recruitment exams and through out first divisioner in their academics.Whyyyyyy.........???????

@ Anna Shaw

You have made strikingly important and intelligent observations.

It is felt that all you should make it mandatory for the bank in your appeals to courts of law , to produce original marks sheet and ACR and then you may start beating the bank and identified offenders of the bank.

Tame them and shame them.

Why the affected employee should remain in hiding and feel ashamed.

Rise and fight for your rights. Let the offenders go into oblivion.

Dear Sir,

Through RTI I got my mark sheet and ACR certified copy.I failed by 1.5 marks, and my ACR is excellent.But bank is denying to show my answer sheet.They stated that answer sheet is the property of IBPS and maintained by IBPS.So it is not in their record.According to RTI Act IBPS does not come under RTI as it is not a public authority.Then I sent my second appeal to CIC.It is still pending.In the meantime i filed a case in calcutta high court.Hearing is pending.I challenged my termination and pray to show my answer sheet.My case is in group VI, case no- 20938/2011,Honb'le judge is Mr. Aniruddho Bose.I also asked for bank contract copy, board resolution, instruction given to IBPS.I attached here scan copy of bank's reply in this context.Everything is confidential.I cant understant why they made it confidential, what is the matter in this confidentiality????

Attachment mentioned in your post is not found. Kindly attach again.

The exam is conducted by bank. Bank has made the exam a part of employment contract, isn't it?

If bank has given the contract of conducting the exam to some another agency the onus should still remain on bank. Isn't it? This agency is paid a fee by bank or not? As far as common sense is concerned bank remains the actual custodian of exam and all related documents. Bank is trying to slip and escape from the clutches of law and evade punishment.

SC has recently ruled that copies of answer sheets be made available thru RTI route. You may apply the essence of this judgment. Your lawyer can help you.

You have been a banker.

Banks have started keeping the cheques, vouchers, forms with third party arrangement and extract the images whenever required. Does it mean that customer has lost his/her rights by this action of the bank?

Anything that is not related to the defense of the borders of our republic and can jeopardize the security of our borders of motherland should not be confidential and hence should not be allowed to be kept away from the eyes of the citizens of motherland.

In your case bank and its top management is trying to keep a highly important document confidential to cover their illegal activities.

Rise and defend your rights. Do not let this bank and these offenders become a state with in a state.

@ member(account deleted): If u have copy of the circular letter no. CirDO/HR/30 of 2010-2011 dated 03.01.2011 please mail me.I searched it on E-circular site but could not find.SBI has removed this circular from e-circular site.It will be a great help for our batch.My mail ID is aaina.shaw@gmail.com

sorry sir, I m attaching it again. Thanks for giving your valuable time and share ur thoughts.

Some observations on sbi vs ibps are enclosed in the attachment.

You may obtain the copy of circular letter no. CirDO/HR/30 of 2010-2011 dated 03.01.2011 using RTI route or demand in court.

IBPS has mentioned in the attchment posted by you"All records pretaining to this examination will be destroyed after 6 months from the date of despatch of results."

Therefore act immediately and restrain the bank and IBPS from doing so, even if you have to issue legal notice or obtain court order.If your union can step in and issue notice, then this may also be evaluated.

Sir I already filed a case in calcutta high court, made both SBI and IBPS as party.Honble Judge is on leave upto 7th Feb, so matter is pending.I sent a request letter to The Director of IBPS to not destroy any exam related document till the hearing and keep them safe in their record.......