MIDHUN SURESH M Vs. STATE BANK OF INDIA

JUDGEMENT

(1.) 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 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the decision in Exhibit P3 notice, the offer for his appointment as Relationship Manager issued on 25.11.2019 is also withdrawn as per Exhibit P11 email.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.