Facing Suspension After Legal Trouble: How Should I Navigate This with My Employer?

I am working with a CMMI Level 5 company in India. In September 2018, I was alleged in a 420 case and held in judicial custody until October 29th. Two days before this case, I underwent LASIK surgery. While in judicial custody, my family did not inform the company about my situation. Instead, they emailed the company from my email address, stating that I was unable to attend the office due to complications from surgery. Upon my release from custody, I informed the company about the actual circumstances. On November 2nd, 2018, the company suspended me and initiated a committee to investigate. Later, they accused me of attempting to cheat the company. It has been three months, and I have yet to receive any updates from the company. I sent my resignation email two days ago, but I have not received a response. Kindly guide me on what steps I should take in this situation.

Please clarify whether the alleged cheating case was against you by the present employer or unrelated to employment. What was the cheating alleged against you? When you went for LASIK surgery, how many days of leave did you take?

The query is not clear, as you mentioned informing the company and later stated that the company formed a committee to investigate. Please provide a clear query with details:

- What was the case?
- What is your designation?
- Have you taken legal help?
- Why were you in judicial custody for more than a month?

If a proper query or doubt with details is provided, some legal experts on the forum may be able to offer suggestions. However, it is advisable to seek proper legal advice from a lawyer.

Judicial Custody and Employment Concerns

The cheating case is unrelated to my employment. I was booked in a 420 case related to a cheque bounce. I underwent LASIK surgery on 9th September and applied for one week of leave. However, I got arrested on 14th September.

During my judicial custody period (14th September - 29th October), my family informed the company that I was unable to attend the office due to medical issues through my personal email ID. When I returned, I informed the company that I was unable to attend due to judicial custody.

As the case is unrelated to the company, they did not mention my case in the chargesheet but suspended me, stating that my statements were contradictory.

Responsibility for Emails Sent During Custody

My question is, am I responsible for emails sent on my behalf during judicial custody?

Understanding Email Responsibility and Legal Implications

Any email sent from your personal ID is considered to be sent by you unless it is proven to be hacked. The issue here is that the company has suspended you using the excuse of contradictory statements regarding your absence.

Why is the Company Inquiring into Your Private Cheque Bounce Case?

The point is, why is the company inquiring into your private cheque bounce case? Do you have a decent lawyer to fight your case? Provide the company with full details of your cheque bouncing case. Your lawyer can draft a letter including the amounts involved, why it bounced, the nature of the dispute between you and the person/company to whom you issued the cheque, and full details of the ongoing case.

During the period of suspension, were you eligible for a subsistence allowance? Did management issue a charge sheet and conduct a domestic enquiry? What was the necessity to submit resignation while you were under suspension? You have not mentioned your designation, gross salary drawn, or your role and responsibilities.

Yes, I am receiving subsistence allowance, and management is conducting a domestic inquiry. They issued a chargesheet 45 days ago. I am a software engineer with a CTC of 9 LPA. I resigned so that I could join somewhere else. However, I am now in trouble as management is not responding to my emails.

Please let me know if you need any further assistance.

As there is no reply from the company regarding my resignation, can I withdraw my resignation?

Understanding the Situation

Prima facie, it appears that you have posted a disjointed version, touching upon facts which are convenient to you. There certainly could be another version that your employer has relied upon while initiating the action against you.

Employee Restrictions During Domestic Inquiry

Generally, employees are not allowed to leave the organization while a domestic inquiry has been set in motion, especially when the employee has been arrested by the police and subsequently placed under suspension. Your option is to face the inquiry and meet the charges at their face value. Please note that in a domestic inquiry, the degree of proof required is a preponderance of probability and not proof beyond a reasonable doubt as in criminal proceedings.