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 what form A can approach?
Ple. forward your valued answer.
Experts answers are eagerly solicited.
mahendrakumar
(Expert) 12 August 2010
anything is possible in a private limited company.
if A is as clean as claimed to be,tell him to have a personal talk with the MD,either through a mediator or direct,so that misunderstanding is cleared.
Since the form 16 is invariably being issued by the company,why should they ask A for it?
The employer cannot legally demand those things. Since it is a private limited company,any move to counter them legally,must be done very cautiously.
as such,it is better to take local advice after discussing all the matters.
there must be something more to the case of A,as management getting suspicious about an employee,who has worked for them for 15 years making such move based on baseless allegations. Anyhow,it is very difficult for any to digest.
