KULDEEP Vs. STATE BANK OF INDIA

JUDGEMENT

(1.) The petitioner through instant petition under Article 226 of the Constitution of India is seeking setting aside of notice dtd. 6/10/2022 (Annexure P-2) and order dtd. 29/12/2023 (Annexure P-5) whereby he has been terminated from service.

(2.) The petitioner pursuant to advertisement dtd. 5/10/2021 (Annexure P-1) applied for the post of Probationary Officer. He cleared written test as well as interview and medical. The petitioner on 18/4/2022 joined respondent-State Bank of India as Probationary Officer. The respondent-bank after joining of petitioner vide impugned notice dtd. 6/10/2022 (Annexure P-2) called upon him to show cause as to why action should not be initiated against him and why his services should not be terminated for concealment of material facts. The said notice was issued on the ground that petitioner has not disclosed his criminal antecedents in the application form as well as at the time of interview. The notice dtd. 6/10/2022 is reproduced as below:-

(3.) The petitioner filed reply to aforesaid show cause notice pleading that he has not concealed any material information. The criminal cases have already been compromised or set aside. The respondent-bank did not agree with the submission of the petitioner and vide impugned order dtd. 29/12/2023 has terminated him holding that he has secured appointment by concealing material information/facts regarding the criminal cases. The petitioner was not even eligible to apply for the post and it is apparent from the report of District Police that his antecedents are not satisfactory. The relevant extracts of impugned order read as: