Amar (Engineer) 05 February 2015

Show cause notice

Hello All,

I have received below show cause notice from my ex employee for posting online about client server details.

the above act/s are violation of your Non- Disclosure Agreement signed with **** Technologies India ( P) ltd., also a criminal act., under Indian laws ( IPC/ Information Technology act provisions ).

Hence you are required to show cause in writing within 5 business days from now why such actions could not be initiated against you

If we fail to receive such explanation , we will be constrained to proceed with action presuming that you have no valid explanation to offer.

Could you please suggest me what action should be taken from my side.?

My action till now:

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-As i got mail communication for these posts,with in 5 minutes ,I responded immediately on mail to ex colleague and I gave him my mobile number to contact me regarding this issue.

-After knowing thsese issue from my ex colleaugue, i deleted my blog immediately.

-I even requested google through google webmaster to remove deleted posts search from google search.

-I even responded to my manager and aplolised for my action regarding this issue and explained him and informed him about my course of action.

-I never wanted to harm my previous employee and its client in any way.

-Blog written by me for my personal purpose and my mistake some post remained public and unintentionally i used some server name of client.

After helping them to remove all posts ,I got show cause notice by them today.

Could you please suggest me what action should be taken from my side.?

Could my honest reply leads to criminal case by them?

Please suggest.

Thanks !

Reply Follow

4 Replies

Advocate Ravinder (Advocate/Attorney) 05 February 2015

Yes, this is a serious offence. You may be booked under IPC and also cyber crimes. It is better to appoint an experienced criminal lawyer. Do not look for fees. Otherwise you may land in trouble. Other alternative is to compromise with your employer by paying some amount.

T. Kalaiselvan, Advocate (Advocate) 05 February 2015

In any event you may have to give a reply to the notice. First ascertain all the contents and give a reply denying your involvement as intentional one and after that you may add that the contents if harmed or hurt the feelings, you would tender an apology though you have not intentionally done any wrong thing. This may be followed by your personal approach which may solve the issue.

Amar (Engineer) 06 February 2015

Hi,

Thank you Kalaiselvan sir and Ravinder sir for your reply.

I contacted my previous company HR(person who send me the show cause notice) directly on phone and aplozised for my aaction,.

He assured my that there won't be any action taken against you and written copy of show cause notice will not be sent .He told me to reply on mail that it was done unintentionally and and you were using it only for learning purpose.this won't be repeated in future.

I replied on mail that

I didn't share the details intentionally and it was all unintentional from my side.

I was using it only for my learning purpose.

if I harmed or hurt the feelings,I want to apologize for my action and i guaranteed that this won't be repeated in future.

Hope he don't ditch me.

Thanks & regards,

Amar