Inspection of Personnel File

radha (Querist) 07 April 2010 This query is : Resolved
Mr. Abbey has been terminated from his service by a Pvt Insurance company from the post of Manager, without assigning any reason.He was made to answer many of emails regarding his low performance.
He was issued a show cause notice, to which he replied and explained, and asked the company to withdraw the show cause notice,and the company did ot withdraw the show cause notice and no persuant action was taken by company.
Mr. Abbey want to challenge his termination and wants to inspect his personnel file maintained at the HR deptt at Head Office of his company.
Can he claim the inspection as a matter of right?
Is the company under obligation to show him his personeel file? can the company refuse for this?
Can he later amke the company bring is personnel file to court?
What are the options available to him.
Kindly advoce.

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Parthasarathi Loganathan (Expert) 07 April 2010
Yes, he is entitled to get the copy of his personal file. However, it must be ensured that it is duly docketed by the employer and should never indulge in tampering of information. However, you must be keeping the copies of all mails sent by you to your employer answering to their queries. It can also serve as a substantial evidence and proof about the facts. However, your performance and productivity levels are solely determined at the discretion of your employer subject to company's Rules and Regulations.

Raj Kumar Makkad (Expert) 07 April 2010
No employer can violate law of natural justice and no person should be condemned unheard. In your case company has violated this established law so Abhey has every right to challenge the action of the company as per provisions but company shall not show you any document as desired despite of your legal right and this shall also become a ground against them. So demand those documents and obtain permission to see your personal file as desired.