I am working with a cmmi level 5 company in India. In Sep 2018, I were alleged with a 420 case and held in judicial custody till 29 october. 2 days before this case I were gone through lasik surgery. When I were in judicial custody, my family didn't informed the company about my case and emailed them from my email id that I am unable to attend the office due to complications of surgery. When I came back from custody I informed the company about the actual cause. On 2nd november 2018, company suspended me and formed a committee. Later they charged me to that I tried to cheat the company. It is going to be three months, I still have not received any update from the company. I sent my resignation email two days ago but still no response. Kindly guide me what should I do in this situation.
From India, Mumbai
1From India, Mumbai
Pl clarify whether the cheating case)alleged) was against you by the present employer or unrelated to employment.
what was the cheating alleged against you?
When you went for Lasik surgery how many days leave did you take.
Query is not clear actually since you say you informed the company and later say company formed an committee to find out.
Give clear query-
What was the case?
What is your designation?
Have you taken legal help?
Why were you in judicial custody for more than a month?
If proper query/doubt with details is given some legal expert on the forum may be able to suggest.
But take proper legal advice of a lawyer.
From India, Pune
what was the cheating alleged against you?
When you went for Lasik surgery how many days leave did you take.
Query is not clear actually since you say you informed the company and later say company formed an committee to find out.
Give clear query-
What was the case?
What is your designation?
Have you taken legal help?
Why were you in judicial custody for more than a month?
If proper query/doubt with details is given some legal expert on the forum may be able to suggest.
But take proper legal advice of a lawyer.
From India, Pune
Hi,
Cheating case is unrelated to my employment. I were booked with 420 case related to cheque bounce.
I gone through LASIK surgery on 9th september and applied for 1 week leave. Then I got arrested on 14th september.
During the period of my judicial custody (14 sep - 29 Oct), my family informed the company that I am unable to attend the office due to medical issue through my personal email id. Later when I came back, I informed the company that I were unable to attend due to judicial custody.
As case is unrelated to the company they don't have mentioned my case in chargesheet and suspend me by saying that my statements are contradictory.
My question is, Am I responsible for emails sent on my behalf during judicial custody ?
From India, Mumbai
Cheating case is unrelated to my employment. I were booked with 420 case related to cheque bounce.
I gone through LASIK surgery on 9th september and applied for 1 week leave. Then I got arrested on 14th september.
During the period of my judicial custody (14 sep - 29 Oct), my family informed the company that I am unable to attend the office due to medical issue through my personal email id. Later when I came back, I informed the company that I were unable to attend due to judicial custody.
As case is unrelated to the company they don't have mentioned my case in chargesheet and suspend me by saying that my statements are contradictory.
My question is, Am I responsible for emails sent on my behalf during judicial custody ?
From India, Mumbai
Any email sent from your personal id is considered to be sent by you.
Unless it is proved to be hacked.
Here issue is company has suspended you by using an excuse of contradictory statements of your absence.
Point is why is the company enquiring into your private cheque bounce case?
Hope you have a decent lawyer to fight your case?
Give the company full details of your cheque bouncing case.
Letter can be drafted by your lawyer.amounts involved,why it bounced and nature of dispute between you and person/company to whom you issued cheque and full details of case going on.
From India, Pune
Unless it is proved to be hacked.
Here issue is company has suspended you by using an excuse of contradictory statements of your absence.
Point is why is the company enquiring into your private cheque bounce case?
Hope you have a decent lawyer to fight your case?
Give the company full details of your cheque bouncing case.
Letter can be drafted by your lawyer.amounts involved,why it bounced and nature of dispute between you and person/company to whom you issued cheque and full details of case going on.
From India, Pune
During the period of Suspension you are eligible for Subsistence Allowance, did you receive the same? Did Management issued Charge sheet & Conducted Domestic Enquiry? What was the necessity to submit Resignation? while you were under suspension? you have not mentioned about your Designation? Gross Salary Drawn? your Role 7 Responsibilities?
From India, New Delhi
From India, New Delhi
Yes I am getting subsistence allowence and management is conducting domestic inquiry and issued a chargesheet 45 days ago. I am a software engineer and CTC is 9 lpa.
I resigned so that I could join somewhere else. But now I am in trouble as management is not providing any response on my email as well.
From India, Mumbai
I resigned so that I could join somewhere else. But now I am in trouble as management is not providing any response on my email as well.
From India, Mumbai
As there is no any reply from the company on my resignation, can I withdraw my resign ?
From India, Mumbai
From India, Mumbai
Prima facie. it appears that you have posted a disjointed version, touching upon facts which are convenient to you. There, certainly, could be another version which your employer has relied upon while initiating the action against you.
Generally, employees are not allowed to leave the organisation while domestic inquiry is has been set in motion, esp. when the employee has been arrested by the Police and subsequently placed under suspension. Your option is to face the inquiry ans meet the charges at their face value. Please note that in a domestic inquiry the degree of proof is required is preponderance of probability and not proof beyond reasonable doubt as in a criminal proceedings.
From India, Kochi
Generally, employees are not allowed to leave the organisation while domestic inquiry is has been set in motion, esp. when the employee has been arrested by the Police and subsequently placed under suspension. Your option is to face the inquiry ans meet the charges at their face value. Please note that in a domestic inquiry the degree of proof is required is preponderance of probability and not proof beyond reasonable doubt as in a criminal proceedings.
From India, Kochi
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