Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:35790-DB WA No. 313 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF SEPTEMBER, 2025 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE C M JOSHI WRIT APPEAL NO. 313 OF 2025 (S-DIS) BETWEEN:
1.
AKSHAY KUMAR S/O SRI NINGRAJU M AGED ABOUT 31 YEARS RESIDING AT D No.1-166 POST OFFICE ROAD KOLLEGALA TOWN CHAMARAJANAGARA - 571 440. …APPELLANT (BY SRI RAGHAVA P., ADVOCATE) AND:
1.
STATE BANK OF INDIA REP. BY CHIEF GENERAL MANAGER No.65, ST. MARKS ROAD BENGALURU - 560 001.
2.
GENERAL MANAGER HUMAN RESOURCE DEPARTMENT LOCAL HEAD OFFICE 3RD FLOOR, NEW ANNEXURE BULDNG LHO CAMPUS, No.65 ST. MARKS ROAD BENGALURU - 560 001.
Digitally signed by SUMATHY KANNAN Location: High Court of Karnataka
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HC-KAR NC: 2025:KHC:35790-DB WA No. 313 of 2025
3.
BRANCH MANAGER STATE BANK OF INDIA P.B. NO 1, CAR STREET BRANCH CHARAMARAJNAGAR - 571 313. …RESPONDENTS (BY SRI T.P. MUTHANNA, ADVOCATE)
THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE
ORDER PASSED IN W.P.NO. 3035/2024, BY THE LEARNED SINGLE JUDGE DATED FEBRUARY 12, 2025, DISMISSING THE WRIT PETITION & ETC.
THIS APPEAL, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE and HON'BLE MR. JUSTICE C M JOSHI
ORAL JUDGMENT (PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE)
1. The appellant has filed the present appeal impugning an
order dated 12.02.2025 passed by the learned Single Judge in W.P.No.3035/2024 (S-DIS) [impugned order] captioned 'Akshay Kumar N v. State Bank of India & Others'. - 3 -
HC-KAR NC: 2025:KHC:35790-DB WA No. 313 of 2025
2. The appellant had filed the said petition impugning a termination letter dated 25.09.2023, whereby his services on probation with respondent No.1 / Bank, were terminated. The appellant claims that the termination of his services was illegal and prays that he be reinstated into service. 3. The appellant, in pursuance of a notification dated 09.12.2021, had applied for the post of a Probationary Officer / Circle Based Officer. He underwent the recruitment process and was selected for being appointed as a Circle Based Officer, in terms of an appointment letter dated 20.07.2022. The appellant's appointment was for an initial probation period of 6 (six) months and it was expressly provided that his confirmation would be subject to the conditions as stipulated therein. The same included satisfactory performance in branches and offices allotted and completion of the prescribed e-lessons / Certificate courses. There is no dispute that the appellant was also required to qualify the assessment as per the standards stipulated by the Bank from time to time. The relevant extract of the terms relating to training and
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HC-KAR NC: 2025:KHC:35790-DB WA No. 313 of 2025
assessment required to be undergone by the appellant, is reproduced below:
"CIRCLE BASED OFFICERS 2021: JOINING ON 01.08.2022
TRAINING AND ASSESSMENT Circle Based Officers are scheduled to join the Bank on
01.08.2022. The batch shall be on probation for a period of 6 months. In terms of various approvals accorded for the previous batch of CBOs joined in FY 2021-22, and a few modifications approved for future batches, the training and assessment schedule for Circle Based Officers 2021 is as under:
Training: Training Location Duration Orientation Program for CBOs SBILDs 2 days Induction Training Program for CBOs SBILDs 2 weeks On-the-job Branch Training Semi-urban centers 6 months (including the above)
Assessment:
Assessment parameter Weightage
1. Assessment Test 200 marks
2. 50 E-lessons Mandatory completion
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HC-KAR NC: 2025:KHC:35790-DB WA No. 313 of 2025
Assessment Test shall be conducted on completion of 5 months of probation. e-Lessons are to be completed within the probation period of 6 months. Assessment Test Pattern: CBOs shall be required to appear for an assessment test carrying 200 marks.
The test, of 3-hours duration, shall consist of 175 questions (125 MCQs of 1 mark each, 5 case-lets having 25 questions of 1 mark each and 5 case-studies having 25 questions of 2 marks each). The assessment test shall cover the entire gamut of training provided to CBOs during the probation period, including Induction Training Program as placed on Sharepoint. Confirmation: Candidates, being otherwise found eligible on other extant criteria, shall be considered for confirmation in JMGS-I on completion of 50 mandatory e-Lessons and scoring 50% marks (45% for SC, ST & PwD) in the assessment test. Extension of probation: Probation/Training period of Circle Based Officers who are unable to achieve 50% marks (45% for SC, ST & PWD) in the assessment test and/or do not complete all the e-Lessons within the probation period shall be extended by 3 months. Such candidates shall be provided a re-test opportunity any time after completion one month from the previous test, while e-Lessons shall have to be completed within two months of
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HC-KAR NC: 2025:KHC:35790-DB WA No. 313 of 2025
the extended period. However, confirmation of such officers shall be on completion of the extended period of probation only. Candidates not qualifying in the assessment test and/or not completing the mandatory e-Lessons during the extended probation period, shall be summarily terminated. Cut-off date: Cut-off date for the Assessment Test for the batch shall accordingly be 31.12.2022."
4. The appellant had appeared for assessment test on 06.04.2023, but he could not clear the same as he had scored only 86 marks out of the maximum of 200 marks. Thus, the appellant's probation period was extended for 3 months with effect from
02.05.2023. He once again appeared for assessment test on 19.08.2023 but his performance fell short of the minimum standards as stipulated. Consequently, the appellant's services as a probationer were terminated in terms of the letter dated 25.09.2023, which was impugned by the appellant in the writ petition. 5. The contentions advanced by the appellant are nuanced.
According to him, he was placed in the branch office only for a
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HC-KAR NC: 2025:KHC:35790-DB WA No. 313 of 2025
period of 3 months and 2 weeks and not for a period of 6 months. He contends that since he did not have the opportunity to continue with the training at a branch for a period of 6 months, his performance in the assessment test had fallen short of the required standards. It is contented that the appellant had been placed on deputation in regional business offices and therefore the appellant cannot be faulted for failing to achieve the requisite standards. 6. It is clear from the training and assessment programme that the assessment test is not linked to the 'on the job branch training', which clearly is a part of the training programme. The appellant was provided e-lessons, which were required to be completed within a period of six months. Additionally, the appellant also had access to other materials including model question papers, manuals and materials on the basis of which the assessment test were conducted. As is clear from the training and assessment programme, the assessment pattern involved a test of 3 hour duration comprising of 175 questions. (125 MCQ of 1 mark each, 5 case-lets comprising of 25 questions of 1 mark each and 5 case- studies comprising of 25 questions of 2 marks each). - 8 -
HC-KAR NC: 2025:KHC:35790-DB WA No. 313 of 2025
7. Since the appellant failed to achieve the minimum prescribed standards required to clear the assessment test, the decision of the respondent Bank to terminate his probation services on account, cannot be faulted. 8. We find no infirmity with the impugned judgment. The appeal is, accordingly, dismissed. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE
Sd/- (C M JOSHI) JUDGE
KS List No.: 1 Sl No.: 38