Hi, I am thrown out from IT company on Aug 2018, with verbal communication that one of my sub-ordinate had allegation to kicked by me, However i have refused and asked for further inquiry. Then DU head and HR blocked my office door access entry and thrown me out from office.
I was frustrated and wrote too many artefacts and saying I am innocent sir, mails to HR and DU head even my department but no buddy responds.
In Jan 2019, I had received charge sheet and show cause notice with below major points:
1. On 20th August 2018, while in the office premises, you have kicked your subordinate.
2. On 30th Aug 2018, while discussing a work related topic, in aggresion, you threw a mouse pad on your subordinate.
3. It is reported that you have threatened to physical assault your subordinate /colleague while at the work place and while doing so you are reported to have demanded that the subordinate / colleague meet you outside where apparently you would subject him to physical assault.
4.It is reported that you made remarks with respect to caste, and nativity of your subordinate / colleague and have insulted them.
5. is its also reported that you have allegedly used abusive / unprofessional language during your conversations with collegues /subordinate at workplace.
from the complaints received against you, it seems that you have been violating the company's policies and process, and have commited the following, among other acts of misconduct:-
1.you have been misbehaving with your peers and subordinate, and resorting to the use of threats, including threast to assault them,and making racist hate remarks against them in your sppech.
2. you have been involved in acts of violence, both physical and verbal at the workplace, and have assaulted your collegues / subordinate.
I had reply the SCN in 7 days with detailed artifacts and refused all false and baseless allegation, as the opposite party had alcoholic addiction used to take unplanned leaves (i had periodically update to manager and HR, In-fact his fake medical bills were also caught by HR but no action on him. The opposite party is revenging as i had complaint to HR, he put false complaints against me )
Now dated on Feb'19, company had send 2 letters by speed post "suspension from services pending enquiry"
and 2. Commencement of enquiry by independent inquiry officer"
After this letter I am afraid and planning to resign the services as voluntary. However my family said did you do anything, I said no. Then my family said to chase this situation as your are strong engineer and they motivate with slogan "satyamev jayate"
Respected genius team, would you please help here:
Does company already plan to terminate me on the basis of misconduct and breach of company policy ( as per suspension letter) ?
Shall I quit with voluntary resignation?
Shall I wait for 3rd Party decision. Does 3rd party hear my voice and consider artefacts. or They had already plan to terminate and then I may be challenge termination in court (its long time(5-10 years) and wasting of time and degrading of IT skills). I am so confused. Please help here.
Alternate thought are welcome!!!
13th March 2019 From India, Noida
Voluntary exit at this stage is an indirect admission of guilt.
Face the enquiry boldly and if you are innocent the results of investigation will be positive.
What is the evidence given against you?
Any witnesses to alleged acts as per SCN?
Collate all your evidence and submit to management/enquiry team.
When did the incident take place?
Stay bold and keep your evidence ready for submission.
13th March 2019 From India, Pune
Considering that information furnished are "Factual"; that you have been "Suspended-Pending- Inquiry" immediately after issue of Charge-Sheet/Show Cause Notice informing /intimating you about Charges /allegations of Misconduct; and to which you already submitted your Written-Explanantion in your Defence; which have since been considered & found "Unsatisfactory"; and that the Inquiry Proceedings either commenced or are about to commence soon; and that such Internal /Domestic/ Departmental Inquiries Must be Conducted in accordance ith Principles of Natural Justice;
it is an Opportunity given to you to Fully Paticipate in the Inquiry Proceedings which you
must, without any hesitation or reservation Must Attend and AVAIL the Opportunity to EXAMINE yourself + your Witnesses or Evidences to substantiate your Defence and also Exercise your Right to CROSSEXAMINE the Management Representative present iduring Inquiry Proceedings to Present Management's Case/Allegations + the Witnesses and or Evidence in support of theAllegations.
If and in case you Do Not attend & Participate in the scheduled Inquiry Proceesings, it is likeli that after Due Procees, Inquiry may Proceed "ex parte" ( in your absence) and concluded.
It is thus, expedient/Helpful for you, yourself in your own Defence to attend the Inquiry Proceedings as & whenever "scheduled".
Taking a Cue from the recently Reported Order of our Supreme Court ( 19 Feb 2019), the Inquiry Officer shall issue to you Copy of the Inquiry Findings for you to peruse and submit your Representation against the Inquiry Findings, if you so decide to do in fulfillment of thePriciples ofNatural Justice, and thereafter only further necessary Discilinary Action shall be taken.
The Purpose of such Inquiry is to Ascertain the Facts in respect of the allegations, which is a Worthy Cause for all concerned.
Kritarth Team,
13.3.2019
13th March 2019 From India, Delhi
@Nathrao, Thanks for replying.
HR and legal team didn't show any evidence in front me. Except verbal communication and SCN and suspension.
13th March 2019 From India, Noida
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