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High Court upheld discharge as petitioners secured less than minimum marks
High Court upheld discharge as petitioners secured less than minimum marks
Petitioners were selected as probationary officers in State Bank of India and put on probation. Subsequently they were asked to undergo a test to evaluate their standard for the purposes of confirmation. They failed the test twice and were discharged from service. The High Court dismissed the petitioner’s writ petition as petitioners had failed to secure the minimum qualifying marks.-500321
1. Petitioners were selected as probationary officers in State Bank of India and put on probation.
2. Upon completion of probationary period, they were asked to undergo a test to evaluate their standard for the purposes of confirmation.
3. They failed the test but were given another chance, and failed yet again.
4. They were discharged from service.
5. Petitioners challenged their discharge by writ petition before the High Court.
Dismissing the writ petition, the Division Bench of the High Court held as under:
6. We would not go into the question of whether State Bank had a right to revise its policy or not, because they are only procedural matter for evaluation of merits of Probationary Officers with regard to their suitability and confirmation in service.
7. They cannot be compared, the policy cannot be compared with statutory rules of service like the State Bank of India Officers' Service Patna High Court LPA No.472 of 2015 dt.30-11-2015 Rules, which are statutory rules made under section 43 of the State Bank of India Act, 1955.
Case Reference - Anish Kumar vs State Bank of India.
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.472 of 2015
Civil Writ Jurisdiction Case No. 24324 of 2013
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