Labour Law & Hr Consultant
Srinath Sai Ram
Hr Manager
+1 Other

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i am working in gold loan company our company decided to merge our branch to another branch in same city .
At the time of final audit while shifting gold packets to parent branch auditor reported spurious gold which has been audited previously 3 times and same has been not considered as spurious gold after merger formalities i have received the suspension letter and inquiry letter for loss made to the company i have replied to both letters. company not taken any HR initiative towards merger formalities about employees.
kindly guide

From India, Saugor
What guidance you expect is not clear from your query. There is no mention about the post you held last prior to your suspension.

Since the suspension is in anticipation of disciplinary proceedings likely to be initiated against you, during the entire period of your suspension you are entitled to subsistence allowance at the rates so provided in the service regulations or standing orders of the establishment. In the event of non-payment of subsistence allowance, the entire disciplinary proceedings would get vitiated.

Your allegation about the finding of the latest audit would be a weak point of defense if you are not able to prove it.

Similarly, your contention that merger of one branch of the same company with another in the same locality can not be a valid point of defense.

It is better for you to participate in the enquiry promptly and disprove the charges leveled against you with valid evidence and proper witnesses.

From India, Salem
your Statement that "in the Previous 3 Audits, the same has not been held as spurious gold" does not stand the test of Law.You have to prove your innocence rather than making such statements.You have not shared the charge Sheet or your reply? What is your defence?
From India, New Delhi
The charges levelled are serious and whatever you have disclosed on this platform, does not help in building any strong defence. You may wish to seek guidence of the person who may be able to defend you during the enquiry. This person may be from your work place who understands work flow at your work place vis-a-vis your responsibilities to get points of defense, after perusal of charge-sheet, if any.

From India, Mumbai
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