Regarding missappropriation of funds and relieving from duties
Keyur
(Querist) 30 August 2012
This query is : Resolved
hi,
i had availed a loan facility of INR 2 lacs from my employer towards payment of security deposit for my flat in mumbai. since the time of disbursement of the loan i had been reguraly paying up the interest part for availaing the facility. I had paid interest for approx 28 months.
recently i had resigned from the employement. as per the appointment letter i had to serve 90 days of notice or payment in liue of 90 days. i had served 14 days and requested the management to relieve me. had also communicated to them that i am willing to pay up the shortfall in notice period. all of this is documented on offical mails. on the 14th date of my notice period i had informed my management that i woulld not be attending work from the very next day.
Now the management has issued me a notice via email that i have to pay up the loan amount and that if i do not pay they will file crimical suit against me. i had replied that the same be adjusted against my recoverables (Salary + leave encashment + LTA) and then if any amount is pending i will pay the remaining potion.
the management is not ready to process my full and final settelment and has tagged me as absconding from service and also they want me to refund the 2 lacs of deposit.
can you pls guide me on the mentioned
1. can they initiate any criminal suit against me
2. they are not ready to process my Full and final and provide me with reliving letter, can i not pay them the security deposit till the time they process my Full and final settlement
regards
ajay sethi
(Expert) 30 August 2012
go and meet them personally . take demand draft of rs 2 lakhs with you .
or send a leetter enclosing copy of demand draft of rs 2lakhs and request them to settle your dues .
Sudhir Kumar, Advocate
(Expert) 30 August 2012
Facts disclosed by you are not in your favour at all.
Criminal proceedings are not there for repayment of loan but the management can allege that you took loan wihtout disclosingintention to leave the service without mandatory notice period.
In that case you will have to pay the loan with bulging interests after paying to lawyer to get out of jail.
Further the company may not be stupid they may be having acharge on your property till loan is liquidated.
You never took the loan as a security against the company for full and final settlement. You cannot withhold it in this manner. You have not specified whether lona amount is bigger or your dues are bigger.
So pay as advised by Mr Sethi.
