Strategy to avoid s. 465 of ipc arouse out of employment.

PARTHA SARKAR (Querist) 23 September 2011 This query is : Resolved
Kindly advise me on the following situation:
1. A person joined with an organization by submitting forged (manufactured by himself) relieving letter of his last two organizations.
2. That the present company had conducted third party verification and finally revealed the fact. Hence the said organization sent a formal mail to the employee and requested him to submit original documents within 15 days. Otherwise separation from the organization.
3. Last 2 companies – The employee had served 30 days notice period but the said company did not release full and final settlement and relieving letter. Second Company no notice period has been served by the said employee.

Under these circumstances said employee how to defend himself –
a. He want relieving letter and full and final settlement and also to retain his present job (apparently which is not possible). If he admit guilty then S. 465 of IPC may arise. Otherwise company will asked him to submit resignation letter which is better from both side.
b. In case he lost present job but for future employment how he will obtained relieving letter (most important for his career) and F & F settlement from the last 2 organizations. If any legal notice issues to both the companies to claim his legal dues, they may raise and initiate S. 465 of IPC document forgery.

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Raj Kumar Makkad (Expert) 24 September 2011
1. It is better to resign from this company or o face criminal action.

2. Why do you seek ways from lawyers to cover your illegal actions and mentality? Why didn't you thought consequences prior to making illegal and forged documents.

Now you have to suffer consequences of your illegal doings.

Ajay Bansal (Expert) 24 September 2011
No legal defence is present for daid person.He is liable to be prosecuted for offence of section 468 IPC etc. as per law.So it is better to go towards compronise.

Biswanath Roy (Expert) 24 September 2011
You committed criminal wrong u/s 191/197/471 I.P.C.

Guest (Expert) 25 September 2011
Makkad ji has advised you very well to resign from the company to avoid criminal charge, as the company would be free either to take severe disciplinary action and even can also file a criminal case against the employee in a court of law for fabricating the documents and cheating the company.

If punishment is awarded under the provisions of IPC 465, the employee is liely to ruin his future career also.

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