JUDGMENT

Verma, CJI.-The respondent, Bijoy Kumar Mishra was appointed as a Probationary Office 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