How Should We Respond to a Legal Notice After Being Cleared of Fraud at Work?

Incident at the Courier Company

My brother was working in a courier company where he was responsible for delivering products. One day, his bike broke down, so he decided to hand over his packet (containing a OnePlus 6) to his colleague to ensure timely delivery to its recipient. Unfortunately, his colleague cheated him and did not deliver the product.

Investigation and Police Involvement

Subsequently, an inquiry was initiated by the company, summoning my brother and his friends. During the investigation, my brother provided a written statement asserting his innocence in the fraud. The situation escalated to the police station, where my brother's colleague, after being confronted by the police, falsely accused my brother of involvement. However, later on, the colleague confessed to being solely responsible for the fraud.

Resolution and Company Notice

The police exonerated my brother, declaring him innocent, and the matter was resolved. They stated that it was now up to the company to decide on further actions. Recently, we received a notice requesting a response within two days, explaining why no action should be taken against us. We seek assistance in addressing this matter.

Please provide full details of the issue and clarify the matter. Police inquiry can also be initiated if necessary. As your brother has not done anything wrong, there is no need to worry. Just respond with a simple explanation.

Thank you so much for the response.

I would like to inform you about one more thing. This incident took place on 28th of September, but the notice we received from the company is dated 03-September. This discrepancy implies that they are making false allegations.

Please advise if this information can be used against the company, as they seem to be attempting to entrap him based on these false claims.

Please advise. Do I need to upload the notice? Please let me know.

Regards, MOHIT Kumar

Dear Mohit, the beginning of the entire episode lies with the handing over of the consignment to an unauthorized person. Yes, the person to whom your brother handed over the consignment also happened to be the delivery staff. But the important question arises: Did your brother obtain proper authorization to transfer the consignment? Why did he make this decision on his own? Your brother's company has considered this as misconduct and has issued a show-cause notice to him.

Nevertheless, your brother can reply that he transferred the custody of the consignment out of good faith. Unfortunately, your brother's colleague betrayed him unexpectedly. Your brother did not lose the consignment or cause damage to it out of negligence.

Beyond this, your brother has nothing further to explain.

Thanks,
Dinesh Divekar