Termination from State Bank Of India
18-Sep-2024 (In Labour & Service Law)
I was promoted from clerk to officer at State Bank of India. my mother fell seriously ill, I applied for reversion of my promotion and leave. I did not obtain an acknowledged copy of my request from my side bank. I continued to work, putting in 16 days during an audit at my branch and 25 days during the DEMONETISATION period within a year of my promotion.After 15 months, bank initiated disciplinary proceedings under rule 58, but no action was taken. Four years after my promotion, the bank terminated my employment under a different rule, rule 40, without completing the disciplinary proceedings under rule 58.
I received copy of my application albeit without the necessary enclosures. The bank used this as grounds to dismiss my application, claiming that I could not apply for reversion once I had opted for a promotion. Service Rules Handbook, clearly outlines reversion from officer to Clerical Cadre, within one year of promotion. Is my termination valid?
Procedural Impropriety: The failure to follow the appropriate disciplinary procedure (Rule 58) before switching to Rule 40 and terminating your employment could be considered procedurally improper. This can be challenged under principles of natural justice and fair procedure.
Right to Reversion: If the Service Rules Handbook explicitly allows reversion to clerical cadre within one year of promotion, and you complied with that rule, the bank's refusal to consider your application could be unlawful.
Remedies: You may have grounds to challenge the validity of your termination through legal action, either in a labor court or through civil litigation. A claim for wrongful termination can be based on procedural lapses and the failure of the bank to process your reversion request in accordance with the Service Rules.
Right to Reversion: If the Service Rules Handbook explicitly allows reversion to clerical cadre within one year of promotion, and you complied with that rule, the bank's refusal to consider your application could be unlawful.
Remedies: You may have grounds to challenge the validity of your termination through legal action, either in a labor court or through civil litigation. A claim for wrongful termination can be based on procedural lapses and the failure of the bank to process your reversion request in accordance with the Service Rules.
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