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deepak magar   15 July 2022

Management doing domestic enquiry

i  resign from 2.7 years ago , not completed notice period instead of it  i told then recover 1 month salary,  after many follow up email  they are not responded  me, after my legal notice afte2 month  their answer is  you have solen their data , and we enquired it , but next 1 .6 year not any respond , so again follow up mail started but no respond, again send  legal notice ,  after i file the case against them in labour court regarding my dues and gratuity. After my case  they file suit in civil court for recovery ,

Also they tried for criminal case but due to no any evidence , criminal case not possible to hem ,

 now after 2.7 years they doing domestic enquiry. and i know this enquiry may get bios and they will terminate me 

i want to know is any law there for acceptance of  resignation ( minimum period) or what can i do , yet they did not give me dues and service certifcate etc.

 

 



Learning

 4 Replies

G.L.N. Prasad (Retired employee.)     16 July 2022

The issue involved is "whether there was a treachery, by stealing data from employer" and it was later misused. You have not informed the name of the company whether PSU or private.  The burden of establishing the theft rests on management.  Do not presume things, as a technocrat, you are aware of the facts and technology involved to find out about data theft.  Generally, no employer takes such a serious step of filing cases against any employee as their focus is on the management.  It appears that they have concrete evidence with them for taking an extreme step against an officer.  If everything goes smoothly, accepting the resignation and deducting one month's salary is a simple thing, and getting a substitute is not a difficult thing, , but in your specific case, they are spending huge amounts and engaged in further activities that involve wastage of time and money.  In this case, you have filed a case for recovery from the employer, provocating them and complicating the issue, as they have forgotten your misdemeanor if any.

You have to deny the charges in the inquiry and proceed further when they refuse to 

Dr J C Vashista (Advocate)     17 July 2022

Consult and engage a local prudent lawyer practicing service matters for proper analyses of facts, professional advise and necessary proceeding.

P. Venu (Advocate)     23 July 2022

No domestic enquiry/procedure is legally permissible once the employer-employee has ceased. 

Sudhir Kumar, Advocate (Advocate)     27 January 2023

what waqs the agreement providing for notice period on resignation.


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