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2026 DAILYLAW 51403 (KAR)

STATE BANK OF INDIA v. MR KURUVA SOMESH

WA/1880/2025 · 2026-01-06

D K Singh, S Rachaiah

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:695-DB WA No. 1880 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF JANUARY, 2026 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE S RACHAIAH WRIT APPEAL NO. 1880 OF 2025 (S-RES) BETWEEN: STATE BANK OF INDIA REPRESENTED BY ASSISTANT GENERAL MANAGER, HUMAN RESOURCE DEPARTMENT, 3RD FLOOR, NEW ANNEXUE BUILDING, LHO CAMPUS, NO.65, ST. MARKS ROAD, BENGALURU-560001 …APPELLANT (BY SRI. T P MUTHANNA., ADVOCATE) AND: MR KURUVA SOMESH S/O MR K GOPAL, AGED ABOUT 30 YEARS, R/AT NO.1, 124, HALAHARVI VILLAGE, NANDHAVARAM MANDAL, KARNOOL-518360 ANDHRA PRADESH. …RESPONDENT (BY SRI. H.SUNIL KUMAR, ADVOCATE) THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO CALL FOR THE RECORDS TO SET ASIDE THE ORDER DATED 16.10.2025 Digitally signed by VASANTHA KUMARY B K Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:695-DB WA No. 1880 of 2025 PASSED BY THE LEARNED SINGLE JUDGE IN WP No. 986/2024 (S-RES), ETC. THIS APPEAL, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MR. JUSTICE S RACHAIAH ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE D K SINGH) The present writ appeal has been filed impugning the judgment and order dated 16.10.2025 passed by the learned Single Judge in W.P.No.986/2024 (S-RES). 2. The parties are referred to as per their ranking before the writ Court, for the sake of convenience. 3. The petitioner, physically disabled person suffering from locomotive disability in his left lower limb with 86% disability had applied in the respondent-Bank for the post of Junior Associate (Customer Support) at State Bank of India, pursuant to the notification issued by the Bank on 07.09.2022. The petitioner was successful in the recruitment process and he was - 3 - HC-KAR NC: 2026:KHC:695-DB WA No. 1880 of 2025 offered an appointment, subsequently appointment order dated 12.04.2023 was issued indicating that probationary period was for a period of six months from the date of joining. Thereafter on 04.10.2023 he was issued a show-cause notice alleging that the petitioner had concealed the factum of minor penalty imposed on him by his earlier employer. The petitioner submitted his reply to the said show-cause notice on 16.10.2023. However, the reply was not found satisfactory and by letter dated 05.12.2023 the petitioner's services came to be terminated with immediate effect. The said termination letter at Annexure-A reads as under :- "We refer to showcase Notice No.HR/RP/AS/251 dated 04.10.2023 and your reply letter dated 16.10.2023. In this regard we would like to inform you as under. 2. You had applied for the post of "Junior Associates (CS & S)" in clerical cadre in the Bank under CRPD Advertisement No.CRPD/CR/2022- 23/2015 dated 07.09.2022 and got selected under OBC OH Category. 3. As per the disclaimer given in point 18 of the advertisement dated 07.09.2022, the candidature will stand cancelled at any stage of recruitment in - 4 - HC-KAR NC: 2026:KHC:695-DB WA No. 1880 of 2025 case it is detected that a candidate does not fulfil the eligibility norms and /or that he/she has furnished any incorrect/false information or has suppressed any material fact(s). 4. As per the clause (w) in the letter of appointment dated 12.04.2023 issued to you, if there is any concealment or suppression of any material facts, the appointment shall be deemed invalid ab ab-initio and the same will lead to appropriate action including department action removal/dismissal from service. 5. On verification of your antecedents from your previous employer, in terms of Offer of Appointment dated 23.03.2023, it is revealed that, you have not disclosed the fact of imposition of disciplinary action taken against you by your previous employer, in the Bio-data-cum- attestation form submitted to the bank. The reply submitted by you in your letter dated 16.10.2023 to the effect that the omission was due to your limited knowledge regarding disciplinary matter and the related terminology is unacceptable. 6. As a result, your services stand terminated in terms of para (f) letter of appointment dated 12.04.2023, with immediate effect. Further, you - 5 - HC-KAR NC: 2026:KHC:695-DB WA No. 1880 of 2025 will be paid one month's pay and allowance in lieu of the notice. 7. Please acknowledge receipt on the duplicate of this letter." 4. Admittedly, the petitioner's probation was neither extended after completion of six months nor confirmation letter was issued to the petitioner, confirming him in the employment. There is nothing on record to indicate the communication extending the probationary period of the petitioner was ever issued, hence it could be safely presumed that he had successfully completed six months of probation, and it was for the Bank to issue confirmation letter. 5. Be that as it may, Annexure-A the letter dated 05.12.2023 terminating the petitioner's services would amount to a stigma in his career and therefore, the learned Single Judge has rightly allowed the writ petition quashing the impugned order/letter reserving liberty to the respondent/Bank to take appropriate action against the petitioner in accordance with law. - 6 - HC-KAR NC: 2026:KHC:695-DB WA No. 1880 of 2025 6. We do not find that the impugned judgment and order dated 16.10.2025 passed by the learned Single Judge in W.P.No.986/2024 (S-RES) calls for an interference by this Court. We find no merit in this appeal, which is why the appeal is dismissed. 7. In view of dismissal of the appeal, pending interim application stands rejected. Sd/- (D K SINGH) JUDGE Sd/- (S RACHAIAH) JUDGE NG List No.: 1 Sl No.: 32