Termination Without Investigation

Dear All,

Please help us to advised that Is termination van be without investigation. please see the below case and reply.

Employer email for termination:



Dear Anoop



We regret to inform you that your services shall be discontinued with immediate effect, as you have cheated the company by altering / forging the vouchers paid to suppliers / employees along with alteration of books of accounts and enchased the extra amount and damaged the company, since the responsibility and authorization is given to you. The mis-usage of authorization and damaging the system of accounts, we felt your service e is not required anymore and your last working date would be 22 Sep 2014.





You termination letters already handed over to you physically and absconded from the office without response to the letters and fraud.

Regards

Employer

Employee reply against termination letter:

Dear Employer

I am not accepting your termination letter because the raised things are simply blame; still we have not received any letter from your side to explain your misunderstandings, in the absence of proper inquiry you can’t terminate the services of any workman.



As you know that company have a system to pay against the bills, all bills come to the accounts department with proper approval of related HOD and administrative manager, after that approval accounts department go to the payment with final approval of Plant Head. Vouchers generated from the Focus software where impossible for any alteration and it is also approved by the Plant Head.



As you know that company have system for the monthly audit, all the previous audits were satisfactory and rewarded.



We are very surprise that the actions taken by the company for me, at the time of audit that auditor perform auditing in absence of accounts team, after the completion of audit there was a force to accept the Rs. 10 Lakh claim with signature of blank stamp paper, what was audit report we still don’t know, How that calculation come for Rs. 10 Lakh we still don’t know, there was force to accept termination letter without any proper inquiry, there was ego and nobody was prepare to listen me, all the things were one sided.



Sir...I always perform our duties with the honesty and hard work and never do any activity which damage the company, so please give us a chance to explain the things/misunderstandings because it’s question of our career.





Regards



Anoop

Employer reply against non acceptance of termination letter:

Mr. Anoop,



Your acceptance is not required for termination of employment and serving notice itself is a termination. FIR is filed against both of you (Dharmendra & You) and you can meet in the court of law for any justice is required, if you feel.



Regards

Employer

Dear Shekar Hrd,
prima facie we must establish a fradulent/misappropriation or diverging of fund, or invoices forged and then an enquiry officer detailed to establish considering all out facts before terminating the employee. the employee should have been given a chance to explain his statements of impetus and then an order that of final order terminating the employee should be issued. No individual can be terminated without any reason, however, if there is no proper records as is in our system anything can be done as the will and wish of the authorities. Whether it is a criminal case or financial misappropriation the system should be followed and the procedure adopted.
while detailing enquiry officer the officer should be more than the authority who have done the misappropriation and the appointing authority with whom the powers rest.
best of luck....

Dear Shekhar,

From the communication between the employer and employee, following are the observations:

a) Since the enquiry is not conducted, the termination may not stand the legal scrutiny. Nevertheless, it remains to be seen how strong the employer has got the evidence of misappropriation.

b) Anoop has written in his reply about forcible signing of bond paper for Rs 10 lakh. What is this about is not understood.

c) Has the employer lodged FIR against Anoop? In that case police authorities must have contacted Anoop to report to police station. Has it happened? Are the police convinced about misappropriation? What is the status of investigation by police?

d) The facts of the case are provided by you. We do not know what other side says.

e) If you are so sure that you have not done any misappropriation then you may approach some lawyer. Find out what he says. Ask lawyer whether you can file FIR from your side for illegal termination and other harassment. Check whether Anoop can seek anticipatory bail.

Thanks,

Dinesh V Divekar

Hi Mr.Shekhar,
If the employee done any fraudulent/stolen/stealing company's confidential documents are taken under the severe action as per your management law and same time we have to made enquiry and centralize the decision the concern person is done those things against management so it has proved and show caused so the management having rights to terminate and give compliant to police.
If you didn't do any investigation but you found or declared or caught that individual is the only reason for the damage then you can take action accordingly and you should be strong on your decision as well you must have strong proof to give compliant and ask fine for damages and all.
If you didn't proof by document and you taken action in hypothetic ... then before going to raise the compliments to police .. enquiry with your department and justify it within your department or management.
Make sure you must be strong your end..
Regards,
Nijan.C

Dear Shekhar,
For cases of fraud of huge amount, we must prima-facie establish the case. An enquiry officer to be appointed to go into details of fraud.
After establishing the case, we should give notice to the erring employee based on the witnesses, findings of enquiry. This will stand
even if the employee goes to court. All the witnesses should be examined and signed on the recorded statement.
Based on the enquiry findings we can terminate the employee. If the fraud is more, we can even stop paying P.F./Gratuity, etc., and
this can be released only on court verdict.
If the above procedure is followed we can terminate the employee without any problem.
SUBBA RAO