- (1.) A very short point of controversy is involved for determination in this Appeal filed by the appellant bank under clause 15 of the Letters Patent against the judgment dated 1-3-91 of the Learned Single Judge. The point is whether any maximum period, of probation, in so far as the service of the respondent is concerned, was prescribed in the appointment order or the rules of recruitment and correspondingly what was: the status of the respondent at the expiry of the prescribed period of probation. Conversely, did the Rules not prescribe any maximum period of probation and, thus did the respondent continue in the status of a probationer indefinitely and could bis service be terminated at any point of time, treating him to be a probationer. The facts indeed are very brief. On 15-11-84, vide a communication sent by the Stale Bank of India, Local Head Office, Calcutta, the respondent Arvindakshan Menon was informed about his selection for appointment as a Probationary Officer in the Bank under the State Bank of India Officers (Determination of Terms and Conditions of Service) Order 1979 (hereinafter to be referred to as 1979 order) read with State Bank of India (Supervising Staff Service) Rules. He was allotted Ahmadabad Circle. The respondent immediately on appointment represented to the Bank for his transfer to Calcutta Circle. The respondent was in fact thereafter transferred to Calcutta Circle. It is alter that the problems between the Bank and the respondent started, starting with the long absences of the respondent from the duty of the bank, sometimes attributable to his illness and sometimes to other reasons. From time to time the respondent kept on being on leave, at times supporting his leave applications with medical certificates issued by the doctors. The respondent was suffering from psychiatic diseases, as was evidenced by the certificates issued by the doctors being specialists in psychiatic and neurological diseases and by the National Institute of Mental Health and Neuro Sciences. Bangalore. In fact the following statement will show the nature of the absence and the extent of the leave availed of by the respondent during his service:- (a) Joined the Bank = 3-12-84, (b) Terminated from Batik service = w.e.f. 15 12-88 (c) Total number of days between 3rd December 1984 to 15th December, 1988 = 1472 days, (d) Total period dining which he attended the bank in his entire service = 668 days. (e) Total period of absence = 804 days.
(2.) A Medical Board consisting of various specialists had examined the respondent and found that he was suffering from chronic schizophrenia with symptoms starting, as early as in 1979. In the opinion of the medical board, considering the nature of his illness, mental state, the respondent wigs not found fit enough to undergo the rigorous training schedules or render continued service or shoulder the responsibilities of an officer in the Bank. Ultimately vide communication dated 15-12-1988, the service of the respondent was terminated. This communication reads as under : "We regret to inform you that the Appropriate Authority does not find you fit for confirmation in the Bank's service. A copy of the order passed by him is enclosed. In the circumstances your services stand terminated, with effect from today. 2. We are sending herewith a Bankers Cheque representing emoluments for one month in lieu of one month's notice as required under Rule 16(3)(a) of the SBI Officers' DTCS Older, 1979."
(3.) Since a reference is made to the order of the Appropriate Authority, in the communication dated 15-12-1988, it shall be advantageous to reproduce this order in its entirety; which reads thus: "The records placed before rite indicate that Mr. A. Menon has tint completed probation satisfactorily. Further he has: been falling sick frequently. We have given enough time for his recovery and permitted him on a number of occasions to resume duty on the basis of medical certificates of fitness furnished by him. The records however reveal that he goes on leave immediately alter joining the duty and gets himself admitted in various nursing homes for treatment of affective disorder and paranoid state of mind. In view of his frequent absence from duty on medical grounds, it was decided to constitute a medical board to examine him to find out the suitability of the Officer for his continuation in Bank's service. The Medical Board constituted on 24-11-88 found him suffering from chronic Schizophrenia and not fit to undergo the rigorous training schedules and render continued service and shoulder responsibilities of an Officer in the Bank. In view of the Medical Board's opinion coupled with the attendant circumstances, I am of the opinion that Shri A. Menon is unfit for absorption in Bank's serviced Hence I terminate his services with effect from today. Payment in lieu of notice period may be paid to him as per service rules.";