Verma, C.J.I - (1.) -The respondent, Bijoy Kumar Mishra was appointed as a Probationary Officer in the State Bank of India and posted at Jharsuguda Branch in Bhubaneswar circle by an order dated 24-10-1980. The respondent joined duty on 15-12-1980 and his period of probation commenced from that date. The respondent remained unauthorisedly absent from duty from 2-4-1981 for a long period and the last date of his presence on duty was in the first week of August 1983. Thereafter, he was absent till the year 1988. The maximum permissible period of probation under the Service Rules was three years which expired in his case on 14-12-1983, when he was admittedly absent from duty. From May, 1984 to 1988, he was not even in touch with the Bank. The respondent submitted a medical certificate dated 26-5-1984 that he was suffering from viral infection from 6-2-1984 to 26-5-1984 and that he was fit to resume his duties on the date of his certificate. Even then he did not report for duty. The respondent joined M. Phil. Course in the Punjab University at Chandigarh in 1986-87 without permission. In these circumstances, the Bank issued an order dated 4-10-1988 terminating his service.
(2.) The respondent filed a writ petition under Article 226 of the Constitution of India in the Orissa High Court challenging the termination order. The High Court has taken the view that it shall be presumed that the competent authority had confirmed the petitioner after 24-10-1983 as no action contemplated by paragraph 16(3) of the relevant Service Rules had been taken. In short, the High Court has held that on expiry of the maximum permissible period of probation, the respondent was deemed to have been confirmed on the post. On this basis, by the impugned order dated 19-11-1991, the termination order dated 4-10-1988 has been quashed and a direction given to reinstate the respondent in service with all consequential benefits with permission to the Bank to proceed against the petitioner in accordance with law. Hence this appeal by special leave.
(3.) The only question for consideration is whether in the facts and circumstances of the case, the respondent can be deemed to have been confirmed without any order of confirmation during his unauthorised absence from duty under the relevant Service Rules. The relevant provisions are paragraphs 15 and 16 of the State Bank of India Officers (Determination of Terms and Conditions of Service) Order 1979, which are as under: "Probation 15(1) A person appointed as a Probationary Officer or a Trainee Officer shall be on probation for a period of two years. (2) Any other employee of the Bank promoted as an officer to the Junior Management Grade shall be on probation for a period of one year. (3) Any other person appointed to any grade including junior management grade shall be on probation for such period as may be decided by the competent authority. Provided that the competent authority may, in the case of any officer, reduce or dispense with the period of probation." "Confirmation 16(1) An officer referred in paragraph 15 shall be confirmed in the service of the Bank, if, in the opinion of the competent authority, the officer has satisfactorily completed the training in any institution to which the officer may have been deputed for training, and the in-service training in the Bank. Provided that an officer directly recruited to the junior management grade may be required also to pass a test in a language other than his mother tongue. (2) If, in the opinion of the competent authority, an officer has not satisfactorily completed either or both the trainings referred to in sub-paragraph (1) or if the officer has not passed the test referred to therein or an officers service is not satisfactory, the officers probation may be extended by a further period not exceeding one year. (3) Where during the period of probation, including the period of extension, if any, the competent authoirty is of the opinion that the officer is not fit for confirmation: (a) in the case of a direct appointee, his services may be terminated by one months notice or payment of one months emoluments in lieu thereof, and (b) in the case of a promotee from the Banks service, he may be reverted to the grade or cadre from which he was promoted." ;