• Termination

Dear sirs,

 I am VIKAS PARCHA, Officer-1 in Bank of Baroda have got letter no. JPRZ:HRM:2017:186 187 dated: 27/01/2017 with dispatched date. 31/01/2017 and delivered to me by speed post on 04/02/2017. no. from Bank of Baroda Zonal Office-Jaipur. Subject line of letter is :( Your Unsatisfactory Performance during Probation Period) 

Full letter wording is as below.

: Your Unsatisfactory Performance during Probation Period. We refer tour letter no.RZ:HRM:2016:3211&3212 Dated 29.11.2016 vide whichyou have been informed that, if you fail to attend the On the job training as well as duties immediately and demonstrate adequate learning of job and show satisfactory performance, your service will stand terminated on expiry of one month from 1st notice i.e. 29.11.2016. Vide our following letter we have again advised you to resume your duties immediately and exhibit satisfactory performance in your duties, failing which your services will be terminated: • JPRZ:HRM:2017:80 Dated 12.01.2017 of Dy. General Manager, Jaipur Zone, Jaipur However, inspite of our aforesaid communications and advises, you have neither resumed your duties nor informed us for not reporting for duty till dote and exhibiting reasonable satisfactory performance during your probation period. Since you have failed to attend your duties continuously from 08.07.2016, it is not possible for the Bank to assess your performance as well as learning on the job. 
In view of the above, it has been decided to terminate your Bank's service with immediate effect on the above ground of your not attending the duties and non-performance during your probation. Accordingly, your Bank's service stands terminated with immediate effect, which may be noted by you and no further communication will be entertained in this regard. 
Yours faithfully, 
(S.K. PatonVai) Dy. General Manager I \i4A 
' Bhawan' Airport Plaza, Durgapura, Tonk Road, Jaipur -102018 Zonal Office: Plot No.13, Baroda  Ph. - 0141-2727120, 2727127 Fax-2727106 E mail: hrm.rztAnnkotharoda.com



 Above letter is issued in violation of Bank of Baroda officers service Regulations,1979 as well as in violation of Regulation 20 of Bank of Baroda officers service Regulations, 1979. 

Since letter issuing authority is not the competent authority  to issue Termination Letter and reason for termination is wrong and against an officer employee interest and rights and also issued against government of India instructions in this regard. 

Bank of Baroda officers service Regulations,1979 states as below. 

Regulation 20 Termination of Service: 1. (a) Subject to sub regulation 3 of regulation 16, where the Bank is satisfied that the performance of an officer is unsatisfactory or inadequate or there is a bonafide suspicion about his integrity or his retention in the Bank's service would be prejudicial to the interests of the Bank, and where it is not possible or expedient to proceed against him as per the disciplinary procedure, the Bank may terminate his services on giving him three months' notice or emoluments in lieu thereof in accordance with the guidelines issued by the Government from time to time.

 (b) Order of termination under this sub-regulation shall not be made unless such officer has been given a reasonable opportunity of making a representation to the Bank against the proposed order.

 (c) The decision to terminate the service of an officer employee under sub-regulation (a) above will be taken only by the Chairman and Managing Director.

 (d) The officer employee shall be entitled to appeal against any order passed under sub-regulation (a) above by preferring an appeal within 15 days to the Board of Directors of the Bank. If the appeal is allowed, the order under sub regulation (a) stand cancelled. Where an officer employee whose services have been terminated and who has been paid an amount of three months' emoluments in lieu of notice and on appeal his termination is cancelled, the amount paid to him in lieu of notice shall be adjusted against the salary that he would have earned, had his services not been terminated and he shall continue in the Bank's employment on same terms and conditions as if the order of termination had not been passed at all. 

1 Pls note above termination letter JPRZ:HRM:2017:186 187 is issued in violation of Bank of Baroda officers service Regulations,1979.

 2 further above letter is issued with subject heading- :( Your Unsatisfactory Performance during Probation Period) which is wrong at Bank of BARODA's part since I am on loss of pay and I have continuously conveyed the reason of loss of pay and how bank can issue letter that my services are unsatisfactory when I cannot perform when I am on loss of pay. 

This is Bank's arbitrary reason to terminate my services. Further the subject line of above letter no where states it is a termination letter because letter subject line is :( Your Unsatisfactory Performance during Probation Period) Please instruct Bank of Baroda to cancel their termination order since it is against Bank of Baroda officers service rules,1979 as well as against government of India instructions. 

Pls advise legal standing of this letter and also arbitrariness and how I can save my job from this arbitrary and sort of confused letter since subject line of letter is not the termination letter .

Also whether CAT can help me in this regard.

VIKAS PARCHA
Asked 7 years ago in Labour

Ask a question and receive multiple answers in one hour.

Lawyers are available now to answer your questions.

4 Answers

1) you can file appeal against order of termination before board of directors within period of 15 days

2) you had been issued. 2letter by bank calling upon you to rejoin duty

3) please clarify whether you replied to letters issued by the bank or not

4) why did you remain absent from July 2016 ?

Ajay Sethi
Advocate, Mumbai
95208 Answers
7610 Consultations

5.0 on 5.0

1) you should have rejoined duty when notice was issued to you in November 2016

2) if you have wilfully remained absent inspite of notice it does weaken your case

Ajay Sethi
Advocate, Mumbai
95208 Answers
7610 Consultations

5.0 on 5.0

In my opinion you were still under probation and not confirmed officer/employee of the bank, hence verify if this rule what you have quoted would be applicable to probationers also.

"Officer" means a person fitted into or promoted to or

appointed to any of the grades specified in Regulation 4 and

any other person, who immediately prior to the appointed

date, was an officer of the Bank, and shall also include any

specialist or technical person as fitted or promoted or

appointed and any other employee to whom any of these

regulations has been made applicable under Regulation 2;

These regulations shall apply to all officers of the Bank and

to such other employees of the Bank to whom they may be

made applicable by the Competent Authority to the extent

and subject to such conditions as such authority may decide.

They shall also apply to officers transferred/ posted/

deputed outside India except to such extent as may be

specifically or generally prescribed by the Competent

Authority.

The section 16 of the regulation referred herein states under sub clause (3) states that 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: -

(a) 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.

You can make representations to the competent authority in this regard venting out your grievances and after exhausting the remedies you may try for the legal recourse, if necessary.

T Kalaiselvan
Advocate, Vellore
85409 Answers
2237 Consultations

5.0 on 5.0

I remained absent due to PO's salary is 35000 in hand and my expenses are more than this which comprises Monthly household expenses, two loans respectively Home Loan and Personal Loan as well as Rent for rented accommodation and tuition fee of my one of the child. And in short it was due Financial reason I remained absent from duties.

The reason given above for your absence is not justified and may not be acceptable to the authorities.

You cannot fight on this ground because the employer is not responsible or liable to address your personal problems or commitments.

Better understand law and try to take a different route to defend your employment interests.

T Kalaiselvan
Advocate, Vellore
85409 Answers
2237 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer