Management Consultancy
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One of our company staff was resigned and he is misusing our company name and posting inadequate comments in social groups. what is the legal way to raise a complaint against him?? What are the sections mentioned in IPC ??
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Before going For complaints,first issue him a suitably worded letter regarding misuse of company name.
Quote instances and clearly ask him to desist.
In case it fails then complain t can be lodged in Cyber cell of Police.
As you feel the ex-employee is defaming your organisation in public, action under IPC & IT Act is warranted. Section 499 & 500 of IPC details the provision regarding defamation. Section 505 of IPC is used to book offenders who indulge in spreading false rumours, mischief etc. There have been several instances recently reported in press wherein action has been taken by police as per this section. Similarly IT Act also imposes strict liability against misuse of social media, although Section 66A of the Act has been set aside by the Supreme Court in Shreya Singhal's case 2014. But before that, as pointed out by Nathrao Sir, pl issue notice
Be sure that the act of ex-employee and his posting in social media does not carry facts or have any truth. Then the act of ex-employee is nothing but defaming and saboteur against your organisation in public.
The remedy is avialable within the frame of law by filing a case of defamation as suggested by Mr. KK or otherwise send him legal notice by your company advocate to refrain from his act of posting and act of damaging the image of company.
If the person is induldging further in the act then lodge FIR and institute a case of defamation tune to your good will of the company. The suggestion of both members is quite affirmative to follow.
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