False and baseless allegation
Querist :
Anonymous
(Querist) 11 August 2010
This query is : Resolved
A is in the service with a Private Limited Company, over the past 15 years. The Company's higher up issued a letter stating that A hs acquired wealth/property which is disproportionate to your income considering the A's Cost to Company of Rs. 10 lacs per annum.
Considering the fact that you are full time employee of the organization are required to devote full time and energy in rendering services to the Company, your ct of amassing huge property and the disproportionate amounts rises serious doubts about your integrity and need proper explanation.
Moreover, there are serious allegations aginst you that you hve amassed this wealth through illegal / improper means by cheating the Company fraudulent manner.
Under the circumstances, we would advise you to submit the following:
1) Copy of the Income Tax returns / Form 16 for the 6 years and explanation in writing as to what re sources of income through which you have acquired this disproportionate property / wealth.
2) Pass books of all your bank Accounts showing entries for the last 3 years for our verification.
Sd/-
The question is to all experts, with a request to answer the following queries.
1. Whether the employer can contemplate to initiate legal proceedings, on the surmises under Criminal/Civil/Service laws?
2. Is it not proper for the employer to specify based on which he has come to the conclusion of cheating, fraudulent, illegal / improper manner possessing amassing wealth and property?
3. How can he the employer demand A's documents to use against 'A'?
As far as A is concerned he is honest, hard working. A is at painful stage inspite of his honesty the employer is now questioning his integrity/loyalty towards the organiztion. The allegations are far from reality. With regards to the allegations A is in a stout position deny.
4. Can A put the employer to the strict proof to the above contents?
5. What is the legal position and its remedy?
6. As stated at Sr.1 above the employer vide his latest letter dt. 10/08/10 further demanded from A the Form 16 for 6 years and Pass books of all Bank accounts failing which criminal/civil proceedings may be commenced against A.
Under the circumstances as to what A has to do immediately?
Can A approach Human Rights Commission? If yes, in form A can approach?
Ple. forward your valued answer.
Experts answers are eagerly solicited.
Guest
(Expert) 11 August 2010
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE
MOBILE.9271971251, 9960223100
e.mail.adv.nbsawant@yahoo.co.in
e.mail.nandkumarbs@sify.com
REGARDING THE MATTER KINDLY NOTE THAT.
1.THE PVT.LTD COMPANY SEEMS TO INVOLVE THE EMPLOYEE IN FALSE CRIMINAL CASE.THE MAIN REASON BEHIND IS THESE PRIVATE LTD.CO.ARE MOSTLY DO NOT FOLLOW ANY RULES AND REGULATIONS AND TO AVOID PAYMENT OF RETIREMENT DUES OF PF,GRATUITY AND OTHER DUES TO EMPLOYEE THEY TRY TO INVOLVE THE POOR EMPLOYEES IN FALSE CASES.
2.YOU MAY TAKE PRECAUTION AND APPLY FOR ANTICIPATORY BAIL FROM THE DIST AND SESSIONS COURT HAVING AREA JURISDICTION AS YOU ARE APPREHENDING ARREST DUE TO FALSE CRIME. IN CASE CRIME IS ALREADY REGISTERED THEN COURT WILL DEFINETELY GRANT YOU PROTECTION OF ANTICIPATORY BAIL OR ATLEAST ORDER THE POLICE TO ISSUE NOTICE IN CASE ANY CRIME IS REGISTERED LATER.
3.YOU MAY THINK SERIOUSLY AND LOOK FOR ALTERNATE JOB ,AND CHANGE THE JOB AS THERE IS NO POINT IN TAKING FURTHER RISK WITH THESE PRIVATE DICTATORS.
YOU MAY WRITE AND SEND DETAILS FOR ANY FURTHER HELP.
GOOD LUCK.
s.subramanian
(Expert) 12 August 2010
First of all any enquiry against you must commence with a show cause notice to you by the company in which the details of the charges against you will be mentioned along with the grounds of such charges. With that show cause notice or charge memo only we will be in a position to know the basis on which you are being proceeded against. But in your case I find that the company is seeking details from you to proceed against you. You need not furnish them. What the company is now doing is violative of the principles of natural justice. You can file a civil suit challenging the notice issued by the company as arbitrary null void and illegal and for permanent injunction against the company from proceeding further against you. On the issue of jurisdiction of the civil court,if it is raised by the civil court,you rely on the decision of Bhulabai Desai's case reported in Air 1968 Supreme Court and the Premier Automobiles case of the Supreme Court. Good Luck.
Querist :
Anonymous
(Querist) 20 August 2010
My sincere thanks to Mr. Nanda Kumar Sawant, Advocate and Mr. Subrmanian- Experts, answers to my query on False and baseless allegations. Both of you answers concurred with my views also. I wanted to be sure and confident, I displayed the queries through this humble forum of Advocate-Experts. Once agin I thanks both of you.
T.R. Ganesan,
Advocate
