Legal Question in Banking Law in India
I joined State Bank of India as management executive on 05/04/2010. My probation was for 1 year and confirmation on 05/04/2011, subject to satisfactory completion of training and passing confirmation exam to be held on 06/03/2011 with a score above 50%. As per letter no. HR/L&D/0074, dated 05/04/2011, from General Manager, State Bank of India, my probation was extended by 3 months upto 05/07/2011 under Rule 16(2) of SBIOSR for the reasons mentioned in the said rule.The Rule 16(2) of SBIOSR reads as- If, in the opinion of the competent authority, an officer has not satisfactorily completed either or both the trainings referred to in sub-rule (1) or if the officer has not passed the test referred to therein or an officer�s service is not satisfactory, the officer�s probation may be extended by a further period not exceeding one year.
As per letter no. HR/L&D/689, dated 12/04/2011, from General Manager, State Bank of India, I was discharged from service, pursuant to the provisions of Rule 16(3) of SBIOSR. The Rule 16(3) of SBIOSR reads as- Where during the period of probation, including the period of extension, if any, the competent authority is of the opinion that the officer is not fit for confirmation:-in the case of a direct appointee, his services may be terminated by one month�s notice or payment of one month�s emoluments in lieu thereof.
All of my records and confidential reports during probation have been excellent. Inspite of that I have been terminated.
I want to ask what legal recourse I have and how should I proceed for filing the case and where can the case be filed? Because I am confident that Bank cannot prove me unfit.
3 Answers from Attorneys
You can challenge your termination by filing a service matter in a High Court of your state .
there can be relief as you have been terminated during the probation period.
approach to the high court for proper relief
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