Misappropriation of funds
rajesh raj
(Querist) 07 May 2013
This query is : Resolved
Dear Sir,
I was working with a pvt ltd company in Delhi. It's HO is in Mumbai. In the month of Feb 13 I was told to resign forcefully when I did not, I was suspended by making conspiracy against me and the false allegations were leveled agst me: 1. using abusive and foal language with Br. Head and 2. Threatening to BH.
The company had appointed inquiry officer but he did not conduct the enquiry proceedings as per the rule and process and it was unfair. After that he submitted his report to disciplinary committee and the management issued dismissal letter to me in April 13 and added two more allegations against me. One is that I had made false complaint to police and second that I have taken a substantial sum of Rs. 1,54,000/- from the company which I had misappropriated of the same and directed to repay the amount to the company.
Actually, this amount was given to me with the approval of the company’s officials for the consulting job of the company and I had paid the same to the consultant for taking his services to resolve the policy matters issues. I have the bill for this payment. After the suspension I was barred by the company to enter in to the office premises and not allowed to talk to any employee of the company, due to this reason this bill was not been submitted to the accounts deptt. I have sent a letter to the company that this amount was given to me for company work and I did the job completed, the bills are lying with me and you have not given me any opportunity to submit the same to the company.
At this stage:
Can it be treated as misappropriation of company’s funds? As I have done the job under the instruction of the company official.
Can they file any civil suit against me at HO Mumbai? As I was appointed in Delhi and the advance amount is taken at Delhi Office for company’s work at Delhi.
Can anyone please advise me in this regards with all the possibilities of actions in Indian Law.
Thanks,
Rajesh
Devajyoti Barman
(Expert) 07 May 2013
If you have valid Bills then the same is not misappropriation of property.
No civil suit lies though the same is to be filed in Delhi.
R.K Nanda
(Expert) 07 May 2013
consult local lawyer.
Raj Kumar Makkad
(Expert) 07 May 2013
You have valid defence in hand with documentary evidence but main thing is that in private sector, an employee has to follow the dictate of the management. Search another job instead of wasting your valuable time in courts and litigation and amicably settle your pending issues with the company.
rajesh raj
(Querist) 08 May 2013
thanks a lot all of you...
