Illegal termination of services for misconduct

I was a permanent employee since 2007

Whether the Organization has Disciplinary Rules?  Whether you have a copy of the same with you?

HR Policy is there since 2010. But there is no mention of Disciplinary Rules. 

Whose query is IT?

Jatinder Rana or Ravinder Kumar?

The above member must have also noted IT that querist has changed!

If you wish you may attach the HR policy ………….. and appointment letter 

Before attaching erase all names/logo/phone numbers/address etc etc to maintain confidentiality.

You seem to have worked at a position which might be claimed as senior by establishment to bring out of purview of ID Act and also term IT as personal dispute and grave misconduct.

The language does point to stigmatic order.

Although IT does not mention exact place of said instance (in office or outside) in evening (within office or after office hours) and in whose presence!

Has the establishment agreed to provide ‘Service Certificate’ without mention of reason of separation and give clean BGV/reference e check…?

Is there any scope to resign and get acceptance and clean relieving by our own skills?

IF IT is possible and you wish to refer IT then you may consider IT.

Despite the said order a private establishment may absorb you for your skills/goodwill/rapport/worth for work of establishment ………….. and/or you may have to compromise on pay package/CTC..!

Have you approached in person a very able senior LOCAL counsel of unshakable repute and integrity specializing in Labor/Service matters and having successful track record ….. and worth his/her salt …with all record for a considered opinion…

If yes, what is the opinion of your counsels(s)………..

Does your counsel opine that CCTV footage (with audio) should be/can be obtained thru court of law and court can order to not to destroy till further orders…

Are you willing to contest the matter in courts of law..

Have you written to good offices of appointing authority, MD?

If yes what is their response?

Dear Sir,

Thank you for understanding that I wish to maintain some confidentiality on this public platform.

Although IT does not mention exact place of said instance (in office or outside) in evening (within office or after office hours) and in whose presence! - They are refering the incidence of a cocktail dinner organized by the organization for staff only. incident time at around 7.30pm - 8 pm Place is the ground floor of the building where the office of the organization is at 6th Floor. On other floors there are offices of other organizations owned by others. 

Has the establishment agreed to provide ‘Service Certificate’ without mention of reason of separation and give clean BGV/reference e check…? - Earlier service certificate was refused however now I have filled a defamation and criminal case against them and after that they are agreeying and have provided service certificate without reason of separation. 

Is there any scope to resign and get acceptance and clean relieving by our own skills? IF IT is possible and you wish to refer IT then you may consider IT. Despite the said order a private establishment may absorb you for your skills/goodwill/rapport/worth for work of establishment ………….. and/or you may have to compromise on pay package/CTC..!  - Why should i resign when i have done nothing wrong whereas the misconduct is on the Director General side who in drunk condition misbehaved with me in that cocktail. Nobody listened to me because of his powers.  I wish to fight to get reinstated with back wages and compensation for reputation. 

Have you approached in person a very able senior LOCAL counsel of unshakable repute and integrity specializing in Labor/Service matters and having successful track record ….. and worth his/her salt …with all record for a considered opinion… If yes, what is the opinion of your counsels(s)……….. Does your counsel opine that CCTV footage (with audio) should be/can be obtained thru court of law and court can order to not to destroy till further orders… Are you willing to contest the matter in courts of law.. Have you written to good offices of appointing authority, MD? If yes what is their response? - Yes I wish to contest in court as I have done nothing. My counsel advised to file a defamation suit, however, I am in discussion w.r.t reinstatment and back wages and compensation claim case filinng with the lawyer on which he is to reply. The court has not been requested to preserve cctv - thank you for this advise.

- I had written to the president after my termination of services about the illegal termination which he did not reply. May be he got influence by the Director General.

- Can i file a case for reinstatement with consequencial benefits and compensation for reputational loss as the termination letter is stigmatic and there was no inquiry done to follow principal of natural justice?

thank you for the help

With regards,

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