Nv Phaneendra 23 May 2024

Assistance needed for suspended from the company due to data leak

Dear Sir,

My name is Phaneendra, and I am employed as a DevOps Engineer.

I am writing to bring to your attention a critical issue that my team and I have been facing. On March 14th, 2024, due to a data breach incident, our entire DevOps team, consisting of five members including myself, was suspended by our team manager and CEO. Since then, four of us have not received our salaries from the month of March, nor have we been provided any communication regarding our employment status or the future of our roles within the company.

Despite our efforts to reach out through various means such as calls, messages, emails, and even visiting the office, we have not received any response from the management.

Now our management team filed compliant in cyber police station under U/s 66(C), 66(D), IT Act, And 419,420 of IPC sections. As per my under standing they written compliant on me as "I have written the some policies wrongly. Due to that data leak happened."

I kindly request your assistance and guidance on how we should proceed in this matter. Your intervention and advice would be greatly appreciated as we navigate this challenging situation.

Thank you very much for your attention to this urgent matter. I look forward to your prompt response.

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4 Replies

T. Kalaiselvan, Advocate (Advocate) 23 May 2024

If you are employed in government department then you can either approach administrative tribunal or high court with a writ petition seeking to set aside the orders of suspending your employment and to pay the subsistence allowance until then.

If you are employed in a private organisation then you can issue a legal notice demanding cancellation of the suspension order, making payment of arrears of salary and to allow you to continue to work.

As far as the criminal complaint is concerned you to challenge the same on merits and with the documentary evidences in your support.

Dr. J C Vashista (Advocate ) 24 May 2024

The charge u/s 66 C & 66 D of IT Act read with section 419 and 420 IPC attract imprisionment of 3 years and fine from 1 lakh to 5 lakh for leakage of data by impersonation.

During period of suspension you are entitled for subsistance allowance between 25% to 75% of salary, which can be claimed (if not paid) by issuance of legal notice.

It would be better to consult and engage a local prudent lawyer for proper / professional advise and necessary proceeding to defend you before appropriate forum / Court.