It and office security

Querist : Anonymous (Querist) 09 June 2018 This query is : Resolved
Dear Sir,

Currently I am under a notice period since Dec 2017 for performance issues and my last date to show my improved performance was given as 31st May . Month on Month I have been trying to convince my management that my performance has improved but they seem to have formed a one sided negative view.
Each passing day they are asking me to resign or else I will be terminated. I am menatally upset & I also want to go peacefully and I have told my management of financial burden on me and keeping the current age of mine in view ( as I am 54 years old ) the alternate employment may take time and requested them to waive my few loans to enable me yo take care of my future needs.
however seeing no positive response or support from them I decided to take legal recourse as last option and transferred some data to my personal e mail ID merely for comparison purpose and to keep as an evidence in my self defence as if I get terminated I will not have access to mails. The MIS data is lying in my laptop only and not passed on to anyone.

however my management has tracked one of my mail and issued me a show cause notice.

Kindly advise how serious is it from IT law point of view . Does it involve criminal offence.

What is the best recourse for me.

Thanks

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Adv. Yogen Kakade Online

(Expert) 09 June 2018
As the details mentioned by you with respect to the data transfer through personal email, generally in IT companies it is strictly prohibited to use your personal email ids or applications to transfer or transmit any work or company related data. If such specific clause is mentioned in your agreement (bond) with the company, then it shall amounting to breach of trust and breach of contract and the company might initiate legal action against you.
If your such act has caused any serious damage to the company, then the company might go for serious criminal as well as civil legal proceedings against you.
But before coming to any conclusion, the details of the case need to be seen.

Adv. Yogen Kakade
Jurycon Incorporation (Advocates & Consultants)
Email: juryconincorporation@gmail.com
Web: www.juryconn.in Phone: 020-25882888 / 09225510883

Ms.Usha Kapoor (Expert) 10 June 2018
I endorse the views of Mr.Yogen Kakade.

Dr J C Vashista (Expert) 11 June 2018
If you are seeking obligation of experts FREE OF COST you are required to disclose your identity as per rules of this platform, no reply for an anonymous author.

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