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Madhu (network engineer)     07 November 2013

Will a 498a case make me to lose my job ?

Now that her allegations started to become false one by one. They are bribing the police with huge amounts and also they are spreading very bad words among our relatives and also my wife is telling our relatives that she will make me to lose my job

 

I have been working in the same company for the past 8 years and everyone knows about my good nature. My company is a US based MNC with about 4000 people working  in its 9 branches

All the false complaints given against me are not known in my office.

 

She knows some of my colleagues and yesterday she contacted one person asking for my HR details .

 

1).Now if she comes to my office with those FIR copies will it make me to lose my job?

 

2).How can I avoid this? Is it correct on her part to come to my office with all the FIR copies and report against me badly in my office ?

 

 

3).And also can she make use of RTI to know my salary details ?



Learning

 13 Replies

Ajinkya Deshmukh (Sr. Executive)     07 November 2013

Hi Madhu,

First thing i would like to clear that you will not lose your job because of this.

she is making pressure on you, she cannot come to your office to show all that documents even if she done this you should not bother about it because this all fir and all is not related to your work or office issue, and i think under RTI there is no such rule to view the salary of other person then also u please coordinate with your personal advocate and get it clarify.

Madhu (network engineer)     07 November 2013

@ Ajinka Deshmukh 

thank you for the information.

now iam some what free from tension

Uma Maheswara (consultant)     07 November 2013

Hi,

I am also faced with your situation. First and foremost thing , you need to do is to inform your manager and HR person about the lawsuit filed by your wife and keep them informed, company won't remove you based on your information or the one given by your wife, it depends on the rules in the company.

Even if the FIR complaint is shown or given in your office your management wont do anything. They will just listen and keep quiet (if you inform your case in detail to your management before your wife informs them) Always make sure to inform your manager and HR about any court cases.

HR won't and cannot give personal information or your salary details and they are not bound to provide them to any persons even requested by RTI, they can only be provided when a court order is received by them if a petition is filed and is allowed by the judge and they can share the details only with the court.  There is also a supreme court judgement against providing salary details  thru RTI(I know all these because I filed petition against my wife for her salary details)

Thanks

Mahesh

Arvind Sehdev (Advocate)     07 November 2013

1. She cannot come to your office.

2. Inform your office of such an incident. Currently the your status in the complaint/FIR is the "Accused" till the time it doesnot change in "Convicted" you shall not be let go from your job.


3. Yes, she can use the help of RTI to take out your salary details...

Madhu (network engineer)     07 November 2013

@ Arvind Sehdev

 

thank you for the information

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     07 November 2013

Dear Querist

if you are a govt. employee then she can send a copy of the same to your department otherwise not, but there is no  bar upon her to go to your office.

secondly if you are govt. employee then she can file RTI application before your department to get information of your salary or file an application before court u/s 91 of Cr.PC to get the salary slip but in RTI application its depend on your department to give information or reject her application due to third party information.

there is a provision in RTI act to provide third party information but before that they issue a notice to you & give you 10 days time to represent your objection/reply on that application.

if you want that she should not came to your office then you have to file a civil suit for injunction against her before civil court & get restraining order from the court.

Feel Free to Call

Madhu (network engineer)     07 November 2013

@ Mahesh ,

Thanks for the info.

really very much useful

Madhu (network engineer)     07 November 2013

@ Nadeem sir ,

Iam a pvt employee.

Thanku for ur advice

fighting for my brother (HR)     14 November 2013

you wont loose your job.. dont worry..i know how pvt co.HR works...but it wud be good if you keep informed your manager.

If you dont want share,its your wish.... but sharing things will reduce your unwanted mental worry and burden.

even my brother in Gov job... whole department know abt his cases.... nobody care abt that.. as they know abt my brother good behavior..

even legaly she cant do any thing i guess so.. bcoz  if she does so it will be her loss,, then from where she will get her mainteneace..:P

vishak (manager)     14 November 2013

.

@ UMA

" There is also a supreme court judgement against providing salary details  thru RTI(I know all these because I filed petition against my wife for her salary details)"

 

please provide link to this judgement of SC, i need it

 

Thanx

Uma Maheswara (consultant)     14 November 2013

@vishak

I read about the info in a news paper article, sorry i had not stored the info but below i provide some links which has similar judgements.

Please check the below links 

https://docs.google.com/document/d/19RZEvjSINuR9cEcxFM56U12UGKEWrXkq9Rzd_R_ywew/edit  - this is a judgment by SC

https://www.citehr.com/132533-salary-details-employees-not-personal-information-under.html

Thanks

Mahesh

vishak (manager)     15 November 2013

THanx

 

it would help me. i read this SC judgement thoroghly.

.
Please note that she wrote letter  to my organisation  (Pvt company)  to provide my salary detail under RTI which my company denied. Now she may ask court  to summon such detail. This is  my apprehension. please  help me.


Pl guide me when court directs/summons to organisation, then this SC judgement would help i.e can we contend that it would be ultra virus to ask for such personal info (salary etc)

thank u very much

Uma Maheswara (consultant)     16 November 2013

@Vishak,

If a court order comes to the organization they need to furnish the details.

Please check with your Advocate he might help you also you can get in touch with some one at your place or state on this weblink https://498a.org/ they may give some suggestion regarding the same.


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