Dear Anonymous,
I agreed with the comments given by senior members. I think, few points were missed which needs to be clear.
(1) Have you have resigned immediately after the incident of this misconduct (False - as stated by you) or this was done 4 months prior to your termination? It might be possible that during internal enquiry you have submitted the resignation & that's why employer had rejected your resignation and terminate your employment and hold your amount.
(2) On the contrary, employer don't want to pay you salary for 4 months and they terminated you archly?
(3) You were on probation. we would like to know for how long have you worked with that organization. As you were on probation & If your organization alleged you for such misconduct (for giving bribe against organization) within short span in the organization its conceivable.
Before taking any litigation you have to think & act about the actual incident. If you are at fault then we need to suggest you what action needs to take further. Taking legal action will take so much time and waste of money but if you are innocent (actually) and if you want to vindicate yourself then you can carry on for litigation. You can also send him a formal notice through lawyer to solve the issue within some time frame as it already took a long time. But please keep in mind its a lengthy procedure and in most of the cases it doesn't affect the organization at much.
Internal committee must be formed by the organization to prove the incident within stipulated time of 1-2 months. If you are looking for specific clause to mention of holding the salary in major misconducts then I think you are moving towards wrong way. I agree, they are just passing time ball to badger you.
However, as per INDUSTRIAL EMPLOYMENT (STANDING ORDERS), CENTRAL RULES, 1946, Notification No. L.R. 11 (37), date the 18th December, 1946 Para 14 is given below, but again we need to know your employment will be applicable here or not. Please note the allegation on your employment comes under Major misconduct of any law (employment):
(b) A workman who is placed under suspension under Cl. (a) shall, during the period of such suspension, be paid a subsistence allowance at the following rates, namely:
(i) Where the enquiry contemplated or pending is departmental, the subsistence allowance shall, for the first ninety days from the date of suspension, be equal to one-half of the basic wages, dearness allowance and other compensatory allowances to which the workmen would have been entitled if he were on leave with wages. It the departmental enquiry gets prolonged and the workman continues to be under suspension for a period exceeding ninety days, the subsistence allowance shall for such period be equal to three-fourths of such basic wages dearness allowance and other compensatory allowances:
Provided that where such enquiry is prolonged beyond a period of ninety days for reasons directly attributable to the workman, the subsistence allowance shall, for the period exceeding ninety days, be reduced to one-fourth of such basic wages, dearness allowance and other compensatory allowances.
(ii) Where the enquiry is by an outside agency or, as the case may be, where criminal proceedings against workman are under investigation or trial, the subsistence allowance shall, for the first one hundred and eighty days from the date of suspension, be equal to one half of his basic wages, dearness allowance and other compensatory allowances to which the workman would have been entitled to if he was on leave. If such enquiry or criminal proceedings gets prolonged and the workman continues to be under suspension for a period exceeding one hundred and eighty days , the subsistence allowance shall for such period be equal to three-fourths of such wages:
Provided that where such enquiry or criminal proceeding is prolonged beyond a period of one hundred and eighty days for reasons directly attributable to the workman, the subsistence allowance shall, for the period exceeding one hundred and eighty days , be reduced to one-fourth of such wages"
I also request senior members to correct/suggest my views.