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Termination order

(Querist) 01 July 2018 This query is : Resolved 
Sir , I am at a senior position in a Pvt sector Bank and was put under PIP (performance improvement plan) in Dec 2017 due to hostility of my superior towards me.
My management was asking me to resign at the completion of my PIP period which I did not and was asking for a compensation for left over years of salary and waiver of outstanding housing loan before I resign. They insisted me to resign first and then discuss on the compensation issue.

On my not resigning they sent me a termination order 5 days ago on 26th June on my e mail. The original letter is yet to be received by post. Currently I am on medical leave and not attending my office. We have a provision of APPEAL to our MD / Chairman .
Please advise what I need to do . Should I wait for the letter to come by post ? should I attend office or remain on leave and make an appeal to MD.

Is termination order recd on e mail has any legal value.

Thanks

K Rajasekharan (Expert) 02 July 2018
Email order is equally valid as a print document. It has evidentiary value in a court of law as per Indian Evidence Act and Information Technology Act.

As they would be sending the print version of the order in due course there is no point in evading the receipt of the order by taking leave or refusing its receipt from post office.

When there is an appeal provision you have the obligation to use that course of action. Otherwise you will be at risk while approaching the higher judicial or quasi- judicial forum to redress your grievance.
Dr J C Vashista (Expert) 06 July 2018
It is valid and legal.


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