THE CHIEF GENERAL MANAGER,STATE BANK OF INDIA & ANR. vs SHRI BIJOY KUMAR MISHRA

The Supreme Court held that the respondent, Bijoy Kumar Mishra, could not be deemed confirmed in his position as a Probationary Officer without an order of confirmation during his unauthorized absence, as per Paragraphs 15 and 16 of the State Bank of India Officers (Determination of Terms & Conditions of Service) Order 1979. The Court found that the High Court's presumption of confirmation was incorrect since the maximum probation period had lapsed while the respondent was absent. Consequently, the Court set aside the High Court's order and upheld the termination of the respondent's service.