Kerala High Court
Midhun Suresh M vs State Bank Of India on 23 March, 2020
Author: P.V.Asha
Bench: P.V.Asha
WP(C).No.7138 OF 2020(N)
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE SMT. JUSTICE P.V.ASHA
MONDAY, THE 23RD DAY OF MARCH 2020 / 3RD CHAITHRA, 1942
WP(C).No.7138 OF 2020(N)
PETITIONER/S:
MIDHUN SURESH M
AGED 31 YEARS
SON OF SURESH M.T., ACQUISITION RELATIONSHIP
MANAGER, P.F.NO8354758 , STATE BANK OF INDIA,
WEALTH HUB, CATHOLIK CENTRE, ALUVA,-683 101,
RESIDING AT MANGALATH HOUSE, MALAYATTOOR P.O.,
KALADY, ERNAKULAM DISTRICT-683 587
BY ADVS.
SRI.B.ASHOK SHENOY
SMT.C.G.PREETHA
SRI.P.S.GIREESH
SRI.RIYAL DEVASSY
SHRI.DR.ABHILASH O.U.
RESPONDENT/S:
1 STATE BANK OF INDIA
REPRESENTED BY ITS CHAIRMAN, CORPORATE CENTRE, 12TH
FLOOR, STATE BANK OF INDIA BHAVAN, MADAME CAMA
ROAD, NARIMON POINT, MUMBAI-400 021
2 THE CHIEF GENERAL MANAGER ( WEALTH MANAGEMENT),
STATE BANK OF INDIA, WEALTH MANAGEMENT BUSINESS
UNIT, CORPORATE CENTRE, 10TH FLOOR, AIR INDIA
BUILDING, NARIMAN POINT, MUMBAI-400 021
3 THE DEPUTY GENERAL MANAGER (HIRC)
STATE BANK OF INDIA, WEALTH MANAGEMENT BUSINESS
UNIT, CORPORATE CENTRE, 10TH FLOOR, AIR INDIA
BUILDING, NARIMAN POINT, MUMBAI-400 021
4 THE ASSISTANT GENERAL MANAGER (HR- LATERAL)
STATE BANK OF INDIA, WEALTH MANAGEMENT BUSINESS
UNIT, CORPORATE CENTRE, 10TH FLOOR, AIR INDIA
BUILDING, NARIMAN POINT, MUMBAI-400 021
5 THE CIRCLE HEAD,
WP(C).No.7138 OF 2020(N)
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STATE BANK OF INDIA, WEALTH MANAGEMENT HUB, TC
9/2136,FIRST FLOOR, SOUPARNIKA TOWER,
SASTHAMANGALAM , THIRUVANANTHAPURAM-695 010
OTHER PRESENT:
SRI.AMAL GEORGE,SC,SBI
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.03.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.7138 OF 2020(N)
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JUDGMENT
Dated this the 23rd day of March 2020 The petitioner who is an Acquisition Relationship Manager in the 1st respondent Bank is aggrieved by Exhibit P3 notice proposing termination of his services with effect from 30.04.2020.
2. Petitioner was appointed as Acquisition Relationship Manager under the 1st respondent as per Exhibit P2 order dated 04.07.2016 on contract basis for a period of 5 years, after a due process of selection pursuant to Exhibit P1 notification. While continuing as such the 2 nd respondent has issued Exhibit P3 notice informing him that his services would stand terminated on 30.04.2020 in terms of clause 22.1 of the terms and conditions of engagement of officers engaged on contract basis (OEC). It is stated that his services were no longer required.
3. According to the petitioner the proposed termination of services without assigning any reason is arbitrary and illegal. The petitioner also points out that his performance was assessed as below the minimum in Ext.P5 letter and Ext.P6 performance improvement was issued to him. It is stated that proposed termination is ordered WP(C).No.7138 OF 2020(N) 4 since petitioner had disputed the assessment in Exhibit P7 representation pointing out that his achievement was the highest in Kerala in terms of total number of NTP acquired and in terms of percentage of achievement. It is stated that Ext P3 notice is issued without taking any action on his representation requesting to revoke the performance improvement plan and that he is the only officer who is chosen for such termination. It is stated that consequent to the decision in Exhibit P3 notice, the offer for his appointment as Relationship Manager issued on 25.11.2019 is also withdrawn as per Exhibit P11 email. It is stated that the request made by him for a posting as Relationship Manager at Kochi, is also a reason for issuing Ext.P3 notice. Petitioner points out that he has as per Ext.P12 representation requested the 2nd respondent to revoke Ext.P3 notice and to get his appointment as Relationship Manager approved with a posting at Kochi.
4. The proposed date of termination shown in Ext.P3 notice is 30.04.2020. As petitioner has already submitted Ext.P12 representation to 2nd respondent, the writ petition is disposed of with a direction to 2nd respondent to consider and pass orders on Ext.P12 representation after affording an opportunity of hearing to the petitioner before Exhibit P3 notice is acted upon. At any rate the services of the petitioner shall not be terminated before orders are WP(C).No.7138 OF 2020(N) 5 passed as directed.
The writ petition is disposed of accordingly.
Sd/-
P.V.ASHA
rkc JUDGE
WP(C).No.7138 OF 2020(N)
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APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF ADVERTISEMENT NO CRPD/SCO-
VM/2015-16/10 DATED 16.3.2016 ISSUED BY 1ST RESPONDENT EXHIBIT P2 TRUE COPY OF LETTER NO NB/WM/PN/2016-17/133 DATED 4.7.2016 ISSUED BY 2ND RESPONDENT TO PETITIONER EXHIBIT P3 TRUE COPY OF TERMINATION NOTICE NO WMBU/HR/BR/2019-20/991 DATED 27.1.2020 ISSUED BY 2ND RESPONDENT TO PETITIONER EXHIBIT P4 TRUE COPY OF TERMS AND CONDITIONS OF ENGAGEMENT OF OFFICERS ENGAGED ON CONTACT BASIS ISSUED BY 1ST RESPONDENT EXHIBIT P5 TRUE COPY OF LETTER DATED 09.08/.2019 ISSUED BY SERVICE MANAGER OF 2ND RESPONDENT TO PETITIONER EXHIBIT P6 TRUE COPY OF LETTER NO.UMBU/HR/PIP BR/2019- 20/368 DATED 25.7.2019 ISSUED BY 2ND RESPONDENT TO PETITIONER EXHIBIT P7 TRUE COPY OF REPRESENTATION DATED 20.08.2019 SUBMITTED BY PETITIONER TO 5TH RESPONDENT EXHIBIT P8 TRUE COPY OF LETTER NO.UMBU/HR/OVRK/2019- 20/1044 DATED 25.11.2019 ISSUED BY 1ST RESPONDENT TO PETITIONER EXHIBIT P9 TRUE COPY OF REPRESENTATION DATED 02.12.2019 SUBMITTED BY PETITIONER TO 3RD RESPONDENT EXHIBIT P10 TRUE COPY OF MEDICAL CERTIFICATE DATED 02.12.2019 ISSUED BY DR. SABINE.S. SABINE HOSPITAL AND RESEARCH CENTRE, PVT. LTD., TO PETITIONERS WIFE SILPA RAJAN EXHIBIT P11 TRUE COPY OF THE PRINT OF THE EMAIL DATED 5.2.2020 ISSUED BY 4TH RESPONDENT TO PETITIONER WITH TRAILING MAILS THEREUNDER EXHIBIT P12 TRUE COPY OF REPRESENTATION DATED 14.02.2020 MITTED BY PETITIONER TO 1ST WP(C).No.7138 OF 2020(N) 7 RESPONDENT EXHIBIT P13 TRUE COPY OF E-MAIL DATED 15.02.2020 ISSUED BY 4TH RESPONDENT TO PETITIONER