Dear Sir,
my ex employers has sent me a legal notice stating that , i have colluded with a client and due to which they have incurred a loss of 3 cr. They came to know about the misappropriation in sept\'14 and they either want me to recover the amount or else pay it by some other sources . Which is not possible either way. Now my relieving/ last working day was 31st oct\'14. now question comes how did they relieve me , when they knew the incident 2 months prior to my last working day. They have mentioned that they would prosecute me under the section ipc420/425/409.... i have my handover take over letter/ resignation acceptance with me. But they never paid the full and final settlement. And there were no official communication for last 6 months . plz suggest
From India, Mumbai
1my ex employers has sent me a legal notice stating that , i have colluded with a client and due to which they have incurred a loss of 3 cr. They came to know about the misappropriation in sept\'14 and they either want me to recover the amount or else pay it by some other sources . Which is not possible either way. Now my relieving/ last working day was 31st oct\'14. now question comes how did they relieve me , when they knew the incident 2 months prior to my last working day. They have mentioned that they would prosecute me under the section ipc420/425/409.... i have my handover take over letter/ resignation acceptance with me. But they never paid the full and final settlement. And there were no official communication for last 6 months . plz suggest
From India, Mumbai
Your question is not clear.
Misappropriation:
Where you holding any company property?
What were your duties?
Did the alleged misappropriation take place in Sep 14 which they came to know only now or were they aware of the fact in Sep14 itself i.e before you left the company.
Is your handing over/taking over certificate clear without any deficiencies/
What does your relieving certificate state about your work?
When the company did not pay full settlement a/c did you take up matter in writing with company?
There are too many gaps in your question and right advice will become diffucult for other learned members.
Do give a full and clear picture of the problem and related matters.
From India, Pune
Misappropriation:
Where you holding any company property?
What were your duties?
Did the alleged misappropriation take place in Sep 14 which they came to know only now or were they aware of the fact in Sep14 itself i.e before you left the company.
Is your handing over/taking over certificate clear without any deficiencies/
What does your relieving certificate state about your work?
When the company did not pay full settlement a/c did you take up matter in writing with company?
There are too many gaps in your question and right advice will become diffucult for other learned members.
Do give a full and clear picture of the problem and related matters.
From India, Pune
Dear Avirupa1984,
You need to meet an advocate practicing in criminal matters with all relevant papers with you to defend yourself in the legal notice received by you. This kind of forum can be used to get knowledge input in specific queries.
From India, Mumbai
You need to meet an advocate practicing in criminal matters with all relevant papers with you to defend yourself in the legal notice received by you. This kind of forum can be used to get knowledge input in specific queries.
From India, Mumbai
Dear NathRao,
the misappropriation had happened in an warehouse where the supervisors of the warehouse and client colluded with each other and deposited wrong items.
My role was of BDE, only client sourcing and documentation part was done by me.
As per their legal notice, the fraud was detected in the month sept'14.That means they were aware of it before i left.
My handover and takeover form is clean and no discrepancies mentioned.
I am yet to receive my relieving/exp certificate. I have contacted them many times for the F&F and releiving/exp letter. but they never replied back to my mails or reminders.
My resignation acceptance mail states that , it was accepted and last working day was *****'14.
Regards
Avirupa
From India, Mumbai
the misappropriation had happened in an warehouse where the supervisors of the warehouse and client colluded with each other and deposited wrong items.
My role was of BDE, only client sourcing and documentation part was done by me.
As per their legal notice, the fraud was detected in the month sept'14.That means they were aware of it before i left.
My handover and takeover form is clean and no discrepancies mentioned.
I am yet to receive my relieving/exp certificate. I have contacted them many times for the F&F and releiving/exp letter. but they never replied back to my mails or reminders.
My resignation acceptance mail states that , it was accepted and last working day was *****'14.
Regards
Avirupa
From India, Mumbai
What does your Job description speak of your responsibility towards physical items?
What was the basis of documentation of items deposited in warehouse?
A good advocate can help you in this matter.
Take help of advocate to write to your former company and ask for your experience certificates, etc.
Legal notice requires clear legal reply from your side.
Matter needs expeditious handling taking care of legal issues.
From India, Pune
What was the basis of documentation of items deposited in warehouse?
A good advocate can help you in this matter.
Take help of advocate to write to your former company and ask for your experience certificates, etc.
Legal notice requires clear legal reply from your side.
Matter needs expeditious handling taking care of legal issues.
From India, Pune
Dear Sir,
please note that job profile says " client handling/keeping relationship with the banks and initial documentation/collection".
The documentation basis were, the daily deposited quantity used be mentioned in a arrival book and the same used to be forwarded. It was the sole responsibility of Supervisor, whom was posted at the location premises.
From India, Mumbai
please note that job profile says " client handling/keeping relationship with the banks and initial documentation/collection".
The documentation basis were, the daily deposited quantity used be mentioned in a arrival book and the same used to be forwarded. It was the sole responsibility of Supervisor, whom was posted at the location premises.
From India, Mumbai
avirupa1984,
One needs to consult a lawyer and who can discuss with you facts of the case.
You say daily deposited quantity- who receives the items?
Who maintains arrival book?
Who checks figures with documents of arrival book?
many aspects would need to be taken care off,if it does become a legal issue.
Talk to management and bring out the the facts so that you are not troubled by such issues.
From India, Pune
One needs to consult a lawyer and who can discuss with you facts of the case.
You say daily deposited quantity- who receives the items?
Who maintains arrival book?
Who checks figures with documents of arrival book?
many aspects would need to be taken care off,if it does become a legal issue.
Talk to management and bring out the the facts so that you are not troubled by such issues.
From India, Pune
Without commenting upon merits since facts are not clear, one thing is clear that even if employer makes police complaint, police will have to conduct preliminary inquiry before lodging FIR as incidents are more than 3 months old as held by Apex court in Lalita Kumari case. In that inquiry involvement of real accused who was entrusted upon the articles or had committed fraud will be unearthed.
Thanks
Sushil
From India, New Delhi
Thanks
Sushil
From India, New Delhi
Community Support and Knowledge-base on business, career and organisational prospects and issues - Register and Log In to CiteHR and post your query, download formats and be part of a fostered community of professionals.
Legal Notice.pdf