Disciplinary action against employee
Querist :
Anonymous
(Querist) 22 September 2011
This query is : Resolved
Dear all,
My company is a public Limited company having business all over India.
That one of our employee(confirmed employee) deleted valuable data lying in his computer provided by our company and has also deleted his corporate mail id and has taken some valuable data for his personal benefit, when it came to the knowledge of his co-employee and the management he applogise and said she has only deleted those data which are received by him personally and taken some personal photograph lying in his official computer.Later under tremendous pressure he tendered his resignation on 25.07.2011 and he was relieved from service on 31.08.2011 and issued notice asking explaination for his such unlawful activities by way of damaging company's business and return all documents what he has taken away, in the event of his failure to provide the same we will take appropriate legal action. In reply he said that there is no official documents lying in his custody and partly admitted that he has deleted some old data as he though it is not required any more and further asked for his last month salary which his lying due.
In view of the aforesaid what action could be taken against such employee with statutory provision after he has been relieved from his job. kindly give your observation and help me.
ajay sethi
(Expert) 22 September 2011
what is the evidence that he has deleted valuable data . in your legal notice you ought to mention details of data he deleted, loss caused to organisation etc.
have you in your notice mentioned those deatils?
in reply he says he has deleted only some old data .
if he has deliberately deleted valuable data you have to file police complaint against the employee
Guest
(Expert) 22 September 2011
As of general view, in the absence of the relevant documents, since he is not an employee of the company, no disciplinary action can be taken against the employee. However, the company can take legal action against its past employee for deleting data, if valuable and would have any effect on the business of the company.
If you send the documents (employer notices/ expanations of the employee, etc.) that can be seen to render advice on wider aspect of the case.
Raj Kumar Makkad
(Expert) 22 September 2011
Admission of the ex-employee in his reply is sufficient to establish his guilt.
Now question arises, how much loss company has incurred and how it can be assessed? It is the company only which can reply this question accurately.
Once loss in legal and monetary terms is assessed, issue such person a legal notice to compensate all such losses within a stipulated time failing which file suit for recovery.
Criminal action can also be initiated simultaneously.
Querist :
Anonymous
(Querist) 22 September 2011
Dear sir,
For the sake of my knowledge can I ask that what would be the step to penalize such employee , should we withhold the release order and if such employee is not relieved what legal action can be resorted by our company under which provision of law , as it is a public company ? if possible Please give your elaborate advice to help me.
prabhakar singh
(Expert) 23 September 2011
Why you are here for free buy despite being a public limited co.I wonder why advises have been advanced to you by experts despite resolution that these free advises are for poor.
Guest
(Expert) 23 September 2011
I endorse the views of Shri Prabhakar Singh. Your basic question has already been replied in legal sense by various experts. Yours being a public limited company, better you consult your HR Head and Company Secretary to advise you properly on the matter, or you may hire services of some expert on Service law with particular reference to the aspects of Vigilance, Conduct & Discipline Rules.
Querist :
Anonymous
(Querist) 23 September 2011
dear sir,
I realy do not have any idea that this forum is only serves poor, if that is so then why they aproach you instead of approaching free legal service authority. I thought this is a place for exchanging legal knowledge and learning scope prevail, believe me that is the only reason why I share every legal problem faced by me because I think my problem may be faced by other and I can give them correct advise. However thank u all for your kind free advice.
