Termination of service during probation

> 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. >

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?
 

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.

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.

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.

Kindly follow the advice of learned Mr. Dhingra.

Demand your personnel file to be presented in court and obtain certified copies of each document, filed in your personnel file.

The main reason to terminate these people is their knowledge.They r very knowledgeable person but their senior found them as a best competetor of them,so they decided to throw them out from the organisation.........nothing else.Today who got confirmed, it doesn't mean that they r more talented than these probationers.....Its a matter of flatterery......

 

Mr. Beni Prasad has posted a highly useful judgement in the following thread:

 

Forum Home > Constitutional Law > RTI > Rti act answer sheet destroyed fresh examination ordered

 

at the following link;

https://www.lawyersclubindia.com/forum/details.asp?mod_id=57248&offset=1

Learned court ordered the staff selection commission to conduct fresh examination when the commission replied that answer sheets have been destroyed.

The judgement of May,2012 is enclosed.

Kindly post the developments in your case.

Sir, My decision was passed on 13th Jan 2012 by Allahabad high court ordering reinstatement with 50% of backwages payable in amonth , a certified copy of which was given on 20th Jan 12 to Bank. Inspite of my two reminders till march '12 bank asked to me to wait for SC decision which is pending there till now and no order has been passed, neither for stay on HC's order and neither any relief. If SC is going to provide me any relief from which date will it be validated. It would be unjustified if I am reinstated from the date of final decision by SC. Can you please throw some light, if I win the case from which date reinstatement with backwages can be done if there is any law pertaining to it. My decision from Allahabad HC is already posted in this forum.

Again the history is repeated, SBI terminated 20 another POs from 2011 batch.When this will be stopped.

Dear all, is there any one who help us to fight against SBI? Ifiled a case ,but it still pending.High court said to ask answer sheet of examination through RTI, but it did not works.I Filed RTI where CIC given there order that they will not interfere in this matter. CIC/DS/A/2011/003818, ORDER DATED 16/08/ 2013.

Now my question is that what should I do?please reply.

Approach the same court with copy of CIC decision and appeal t the court to order the bank and IBPS to produce the document (which is case document) in court.

Hi Aaina please tell in detail why these 20 PO s were terminated? what was the ground? Did they fail the exam or on suspected copying report by IBPS?