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Regarding exchange of company information

(Querist) 09 January 2014 This query is : Resolved 
Dear Sir,

I need your help to save myself from the companies action against;
1) As i am under resignation period due to some financial issues & non parliament behaviour of my director.
1) I have shared few on going enquiry names with my next future company from where I have got job offer & shared contact details of one enquiry having contact person name, landline number & mail id ( as my level -1 superior has regrated thet enquiry & other 3-4 enquiry names.
3) I have helped few collogues by sharing their cv to my contacts on request of their only.
4) I have helped my outsider friend to get the business.
5) I have helped client to give business to my present company & asked to share un-official documents on my personal mail id instead of official mail id without talking to my seniors.
6) I have exchanged few mail communication with my friend during office hours. only when he required help on urgent basis.
7) as i am under resignation period so I tried for agent type business to strengthen my financial activities. Never worked with any one only approached.

for all these activities I have helped without any financial interest & it was only personal help point of view.

I do not know this will happen with me & not even want to do any thing non-legal.

I need your help & support to come out this problem, as my intention was not it so.

I never want to involve in this & come out to save my career life.

Please help me out.

Regards
Devajyoti Barman (Expert) 09 January 2014
These acts are very much normal and legal. Do not harbour any fear for anything which does not exist at all.
tapas gupta (Querist) 10 January 2014
Dear Sir,

Thanks a lot for your response, but can you please let me know that what worst they can do against me. As they have taken all the points on paper with my sign. Also they have told to write all the things correctly on paper, so write all the above said points on paper, also they have taken my sign on stamp paper.

Its realy fear for me.

I do not want to take risk related to my career. please help me out & guide for further action.

Regards

tapas gupta (Querist) 10 January 2014
Dear Sir,

Thanks a lot for your response, but can you please let me know that what worst they can do against me. As they have taken all the points on paper with my sign. Also they have told to write all the things correctly on paper, so write all the above said points on paper, also they have taken my sign on stamp paper.

Its realy fear for me.

I do not want to take risk related to my career. please help me out & guide for further action.

Regards
ajay sethi (Expert) 10 January 2014
without going through the document signed by you how do you expect experts to advise you
tapas gupta (Querist) 10 January 2014
Sir,

thanks a lot for your response, but I have written above said points only. I need your support.
Kumar Doab (Expert) 10 January 2014
Do you have copy of the handwritten and signed document you have tendered and also the copy of STAMP PAPER on which you have signed?


Most Probably NO...........................Isn’t it?


The company may claim it has your admission of Acts that it shall claim violates its policies, has caused loss to it etc.... and may decline to issue FNF, acceptance of resignation, service certificate, relieving letter..........................................
The company may not do more than this.
Approach your lawyer in person at your location.
If you have copy of the handwritten and signed document you have tendered show it to your lawyer.
Employee should always consult elders in family, competent and experienced well wishers, lawyer/law firm, trade union leaders before acting on his own.
Did any one amongst these well wishers advise you to sign.................................................???

Your lawyer may advise to write under acknowledgment that a document has been extracted by force and no copy has been provided to you, AND YOUR SIGNATURES ON BLANK STAMP PAPER HAVE BEEN EXTRACTED BY FORCE................................and build the record to wriggle you out of the situation.


Meet your lawyer along with your elders........................



Devajyoti Barman (Expert) 10 January 2014
Why did you not disclose the said document earlier?
Yes, without seeings its content it can not be advised earlier.
Sudhir Kumar, Advocate (Expert) 11 January 2014
It appears that you had been dishonest with the company and coward enough to given them written evidence of the same.

Sorry your own version describes this impression. Things may be different if hidden facts are disclosed.


Now it is the company to decide as per terms of reference whether they wish to deal with you (whether civil /criminal or just to get rid of you)


tapas gupta (Querist) 11 January 2014
Dear Sir,

Thanks a lot for your comments & suggestions. you are right sir that they have not given any copy to me & took my sign on blank stamp paper saying that the same copy will be imposed on the same. My elders have not suggested to sign the documents, but I was forced to do that as I was alone their but they was present with my HOD, Legal head, security head, two colleagues. thay have also taken my personal tab & still that is with them. They have stopped me till night 1.15 am (night) to write everything on paper & my parents was standing at gate. they have not permitted to enter the company & nor allowed me to have word with them.

I have provided all the required details as they asked. They have threatened me saying that, we will beat you & no evidence will be their & we will destry, we will call to police & handover you for further action.

As i do not want to involve in all these mater, so I surrender & informed all as much as details to them.

Please help me sir, I do not want to destroy my career as I am only responsible person for my family.

Regards
Kumar Doab (Expert) 11 January 2014
You mean by your post that:
----“ HOD, Legal head, security head, two colleagues.” were present.
These 2 gentlemen whom you have referred as “2 colleagues” ................................
Are they working in the same office and same position as you have been working?
If yes company has performed full “NAUTANKI” with you and kept these 2 colleagues as witness to their illegitimate and illegal Act.

All of these 5 persons can be termed culprits.................
----- “thay have also taken my personal tab & still that is with them. “
You mean to say that they have snatched it from you......................................It is your personal property?
Is it in switched off or still being used?
Did you lodge a police complaint?
You can if you want.

---“ They have stopped me till night 1.15 am (night) to write everything on paper ‘
It can be termed as illegal detention....................................against your will......................in order to extract your signatures on blank paper/stamp paper..................
Did you withdraw and demand to return the signed statement to be affixed on blank stamped paper got signed fro you?
-----“ my parents was standing at gate. they have not permitted to enter the company & nor allowed me to have word with them.”
It is height of everything.
Your parents may still agree to be your witness......................if you decide to agitate.
What exactly you have done in the company that your parents agreed to bear with ............................up to such an extent.

------“ Please help me sir, I do not want to destroy my career as I am only responsible person for my family.”
Do not conceal anything and discuss with a lawyer at your location.
Your lawyer may opine that all of it was to teach a lesson to you and company may not proceed further or that some action needs to be taken to protect you......................................
All depends upon your resolve and facts of the case..........................
You certainly need to go and see a lawyer.
Sudhir Kumar, Advocate (Expert) 12 January 2014
your parents were standing outside the office and why they failed to call police it was a case of wrongful confinement.

caught with such a crime their legal head if registered lawyer could have found his registration at peril.

The security heads are generally ex-army or ex-police officer. Convicted in this offence his Govt pension would have been at peril.

as far you colleagues they would have broken down at thana and deposed against company.

Even after release from their clutches on 1.15 am you failed to call police and get the stamp papers confiscated. Now they will give some money to a notary who will attest it backdated.


YOU AND YOUR PARENTS KNEW WELL THAT YOU ARE GUILTY.

It appears you are yet to reveal some facts.

Sudhir Kumar, Advocate (Expert) 12 January 2014
YOU SAID

"I do not want to destroy my career as I am only responsible person for my family."


I AM SORRY TO SAY


In that case you have behaved responsibly. You are not the first or last person who is changing job from X company to Y company. Many persons do so, with or without ill-will. But none harms employers business hoping that new employer will trust him knowing to be treacherous.



The way your company officials behaved (as described by you) is unusual. This itself implies that you have committed serious damage (you hve not described exact damage)to company so they had to take this much trouble to extract evidence and were forced to go illegal.



tapas gupta (Querist) 12 January 2014
Dear Sir's,

Many thanks for your kind help & guidance.
First, I have not shared any critical information with any competitors & the name of enquiry shared are still live & that company has not quoted for any single project yet. I have helped my friend to get local order of very small value, which my company will not do or not comes into my department. I was not involved in any financial commitment & it was just help to my friend.

myself & my parents are in tension & because of same we have not reached to Police & we do not want to take risk as we are only single family & they are big organization & they can do anything with me & my family. also during meeting they have told me that hum tumko bahut bura fasa denge because we are local & you are outsider.

Also, the next day I got ill & gone to medical treatment due to sudden chest pain. after report doctor found that their is a problem in liver. still I am in under medical treatment.

Also as suggested, I am trying to search any local lawyer. But I request to give your guidance to save myself from this critical stage.

Regards


Devajyoti Barman (Expert) 12 January 2014
o not worry. Nothing would be done.
Still engage some local lawyer.
tapas gupta (Querist) 16 January 2014
Dear Sir,

Please guide for following letter sent by company legal head.
I have not shared any critical information with any other company, its sure......

I am having lots of tension, so please help me out sir's.



_______________________________
With reference to your trailing mail it may be noted that your matter has been referred to legal cell to take appropriate disciplinary action against you in view of your un ethical activity with regard to disclosing company’s confidential commercial informations to the competitor company/s from your personal email Id. The same was operated by you from your so called tablet which was in fact not allowed to be carried in to the company’s premises and hence being confiscated.

We are adjudicating the financial damage accrued out of your act and also initiated legal actions through government investigating authority. You are therefore be noted of above and warned here by not to utilize the trailing mail has relieving and/or no due certificate until the final report of investigating authority is arrived.

If you will not stop any such activity like sending e mail etc till the investigation is over we will be compelled to take more harder actions against you which may be noted.



Sincerely Yours



Ketan Trivedi

Head Legal
Devajyoti Barman (Expert) 16 January 2014
You are advised enough in this. Now stop this thread.
tapas gupta (Querist) 26 January 2014
Dear Sir,

Last query to you & need your advice.
Can I join new company now or wait for their call till resignation period over or till any communication comes? As they know & saw my offer letter from my personal mail id, is it advisable to join their or need to search for any other job?
Also can I forget about my F&F & handed over tablet mobile?

Please guide!

Regards


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