Inducement notice
Isaac Gabriel
(Querist) 16 February 2015
This query is : Resolved
One of my clients faced charges under IPC 417 and 501(i). Anticipatory bail ordered. Thereafter,legal notice has been issued to the Management to proceed disciplinary action based on the FIR. Can a lawyer induce the employer in this way? Is it legal?
prabhakar singh
(Expert) 16 February 2015
Dear Mr. Isaac Gabriel !
Normally we call a notice legal once it has been issued by a lawyer.
But to call a notice legal if issued by a lawyer is a misnomer.
A notice may be either statutory or formal.
And in either cases it may either be issued
directly by the person concerned or on his instructions by a lawyer but in every case it is a notice by person concerned.
Now the question arises if an employer can be intimated by a complainant,either personally or through a lawyer, that his so and so employee is accused under IPC 417 and 501(i) on his FIR and asks the employer to initiate disciplinary action against such employee.
I hope we all would agree to say, yes! he can.
When we view he can,then we can not question it as 'Is it legal?'
Now it is upon employer's will how he proceeds.
I have not understood properly the reason behind expression 'Can a lawyer induce the employer in this way? '
So if there is consequential threatening to the employer in case employer chooses to ignore the notice,then it may be called illegal depending upon it's words of threatening and may afford a cause of action but only to employer and not to employee.
P. Venu
(Expert) 16 February 2015
It is not clear as to who issued the "legal notice' to the management.
Isaac Gabriel
(Querist) 16 February 2015
Thanks Prabaharji.The Management is at predicament of the next course of action on receiving notice from lawyer.If the management decides not to intitiate disciolinary action,is there possibility to get direction from the court.
venkatesh Rao
(Expert) 16 February 2015
Not at all. It is purely the discretionary powers of the management and I think it is a private management; and as such even writ is not amenable as it does not come under the purview of Art.12 of the constitution.
prabhakar singh
(Expert) 16 February 2015
Right is the opinion of Mr. venkatesh Rao.
In fact the complainant does not have any kind of locus standi to force employer to take action against it's employee.
Isaac Gabriel
(Querist) 16 February 2015
Thanks a lot to Prabaharji and Venkatesh Rao.
Rajendra K Goyal
(Expert) 16 February 2015
Agree with the expert prabhakar singh ji and expert venkatesh Rao.
Dr J C Vashista
(Expert) 17 February 2015
Dear Mr. Isaac Gabriel
1. I fully agree with the experts.
2. I would like to know whether the employer is "private" or "government" in terms of Article 12 of the Constitution?
3. The object of a notice whether issued by a lawyer (on authorisation) or any other person is to intimate regarding a happening and demanding of a legal right. In the instant case, who has issued the legal notice to the management? You will agree the accused shall not demand disciplinary action against himself, isn't it?
In any case, the management may or may not initiate any action on the intimation received through public person regarding impleading their employee in a case. In order to maintain transparency and confidence your client should inform his employer regarding the case thrust upon him.
Isaac Gabriel
(Querist) 17 February 2015
Thanks Dr.Vashista.It is the concern of my client that the case was thrusted on him falsely. The police did not file charge sheet for more than a year.The employer is a private bank. Disappointed by delay in filing charge sheet by the police,the inducement/information notice was issued to the employer by an advocate, who is also related to the complainant.The entire game appear to have been played to extract huge amount from my client.So,my client wants to file a damage suit for having impeached him with character assassination.Would you please advise?
P. Venu
(Expert) 18 February 2015
An action for damages is possible. However, it would be advisable wait till the final disposal of the complaint filed with the police.
T. Kalaiselvan, Advocate
(Expert) 18 February 2015
It would be too early to initiate a libel proceedings until a concrete decision in the pending police case has surfaced. The lawyer 's inducement through a notice to the employer may be ignored by the employer if he is so much concerned about his employee or the lawyer's true intention has been identified. You may inform your client accordingly. I agree with the opinion of other experts too.
Biswanath Roy
(Expert) 20 February 2015
Dear Mr. Gabriel,
In my opinion the alleged notice is merely a letter to the management proposing disciplinary action against the accused on the basis of F.I.R WHICH IN FACT CANNOT BE SAID AS 'INDUCEMENT', because inducement according to the legal parlance means the act or process of enticing i.e., to wrongfully to solicit to do something i.e, luring. But in the given facts proposing disciplinary action on the basis F.I.R.does not mean enticing i.e.,wrongful solicitation.
