Hi, I was dismissed from an IT company in August 2018. The reason given was an allegation by one of my subordinates that I had physically assaulted them. I denied the accusation and requested a thorough investigation. However, the DU head and HR staff blocked my access to the office and escorted me out.
Feeling frustrated, I sent numerous emails proclaiming my innocence to HR, the DU head, and my department, but received no response. In January 2019, I received a charge sheet and a show cause notice outlining the following major allegations:
1. On August 20, 2018, within the office premises, you allegedly kicked your subordinate.
2. On August 30, 2018, during a work-related discussion, you threw a mouse pad at your subordinate in a fit of aggression.
3. Reports suggest you threatened physical assault on your subordinate or colleague at the workplace, demanding they meet you outside for the assault.
4. Allegations were made that you made derogatory remarks about the caste and origin of your subordinate/colleague, insulting them.
5. It was also reported that you used abusive and unprofessional language during conversations with colleagues/subordinates at work.
Based on the complaints received, it appears you have violated company policies and processes, engaging in misconduct such as:
- Misbehaving with peers and subordinates, including threats of assault and racist remarks.
- Engaging in both physical and verbal violence towards colleagues/subordinates.
I responded to the show cause notice within seven days, refuting all false allegations. I highlighted that the complainant had a history of alcohol addiction and unplanned leaves, which I had reported to the manager and HR. Despite evidence of fake medical bills, no action was taken against the complainant. It seems the individual is retaliating against me for reporting to HR by making false complaints.
In February 2019, the company sent two letters via speed post:
1. Suspending my services pending an inquiry.
2. Initiating an inquiry conducted by an independent officer.
Feeling apprehensive, I am considering resigning voluntarily. However, my family encourages me to fight the situation, reminding me of my capabilities as an engineer with the motto "satyamev jayate."
I seek advice from the esteemed team:
- Is the company likely planning to terminate me based on the misconduct and policy breach indicated in the suspension letter?
- Should I resign voluntarily?
- Should I wait for the decision of the third party? Will they consider my evidence, or is termination already decided, potentially leading to a legal challenge in the future?
I am confused and open to alternative perspectives. Your help is appreciated.
From India, Noida
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Feeling frustrated, I sent numerous emails proclaiming my innocence to HR, the DU head, and my department, but received no response. In January 2019, I received a charge sheet and a show cause notice outlining the following major allegations:
1. On August 20, 2018, within the office premises, you allegedly kicked your subordinate.
2. On August 30, 2018, during a work-related discussion, you threw a mouse pad at your subordinate in a fit of aggression.
3. Reports suggest you threatened physical assault on your subordinate or colleague at the workplace, demanding they meet you outside for the assault.
4. Allegations were made that you made derogatory remarks about the caste and origin of your subordinate/colleague, insulting them.
5. It was also reported that you used abusive and unprofessional language during conversations with colleagues/subordinates at work.
Based on the complaints received, it appears you have violated company policies and processes, engaging in misconduct such as:
- Misbehaving with peers and subordinates, including threats of assault and racist remarks.
- Engaging in both physical and verbal violence towards colleagues/subordinates.
I responded to the show cause notice within seven days, refuting all false allegations. I highlighted that the complainant had a history of alcohol addiction and unplanned leaves, which I had reported to the manager and HR. Despite evidence of fake medical bills, no action was taken against the complainant. It seems the individual is retaliating against me for reporting to HR by making false complaints.
In February 2019, the company sent two letters via speed post:
1. Suspending my services pending an inquiry.
2. Initiating an inquiry conducted by an independent officer.
Feeling apprehensive, I am considering resigning voluntarily. However, my family encourages me to fight the situation, reminding me of my capabilities as an engineer with the motto "satyamev jayate."
I seek advice from the esteemed team:
- Is the company likely planning to terminate me based on the misconduct and policy breach indicated in the suspension letter?
- Should I resign voluntarily?
- Should I wait for the decision of the third party? Will they consider my evidence, or is termination already decided, potentially leading to a legal challenge in the future?
I am confused and open to alternative perspectives. Your help is appreciated.
From India, Noida
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Voluntary exit at this stage is an indirect admission of guilt. Face the inquiry boldly, and if you are innocent, the results of the 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 it to management/enquiry team. When did the incident take place? Stay bold and keep your evidence ready for submission.
From India, Pune
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3180From India, Pune
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Importance of Participating in Inquiry Proceedings
Considering that the information furnished is "Factual," and you have been "Suspended-Pending-Inquiry" immediately after the issuance of the Charge-Sheet/Show Cause Notice informing/intimating you about the Charges/allegations of Misconduct, to which you have already submitted your Written-Explanation in your Defense, which has since been considered and found "Unsatisfactory," and that the Inquiry Proceedings either commenced or are about to commence soon. It is essential that such Internal/Domestic/Departmental Inquiries must be conducted in accordance with the Principles of Natural Justice.
It is an opportunity given to you to fully participate in the Inquiry Proceedings, which you must, without any hesitation or reservation, attend and avail the opportunity to examine yourself, your witnesses, or evidence to substantiate your defense. You also have the right to cross-examine the Management Representative present during Inquiry Proceedings to present Management's Case/Allegations, the witnesses, and/or evidence in support of the allegations. If you do not attend and participate in the scheduled Inquiry Proceedings, it is likely that after due process, the Inquiry may proceed "ex parte" (in your absence) and be concluded.
The Role of the Inquiry Officer and Your Rights
It is expedient/helpful for you, in your own defense, to attend the Inquiry Proceedings as and whenever "scheduled." Taking a cue from the recently reported order of our Supreme Court (19 Feb 2019), the Inquiry Officer shall issue to you a copy of the Inquiry Findings for you to peruse and submit your representation against the Inquiry Findings, if you so decide to do so in fulfillment of the Principles of Natural Justice. Thereafter, only further necessary disciplinary action shall be taken. The purpose of such an Inquiry is to ascertain the facts in respect of the allegations, which is a worthy cause for all concerned.
Kritarth Team, 13.3.2019
From India, Delhi
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Considering that the information furnished is "Factual," and you have been "Suspended-Pending-Inquiry" immediately after the issuance of the Charge-Sheet/Show Cause Notice informing/intimating you about the Charges/allegations of Misconduct, to which you have already submitted your Written-Explanation in your Defense, which has since been considered and found "Unsatisfactory," and that the Inquiry Proceedings either commenced or are about to commence soon. It is essential that such Internal/Domestic/Departmental Inquiries must be conducted in accordance with the Principles of Natural Justice.
It is an opportunity given to you to fully participate in the Inquiry Proceedings, which you must, without any hesitation or reservation, attend and avail the opportunity to examine yourself, your witnesses, or evidence to substantiate your defense. You also have the right to cross-examine the Management Representative present during Inquiry Proceedings to present Management's Case/Allegations, the witnesses, and/or evidence in support of the allegations. If you do not attend and participate in the scheduled Inquiry Proceedings, it is likely that after due process, the Inquiry may proceed "ex parte" (in your absence) and be concluded.
The Role of the Inquiry Officer and Your Rights
It is expedient/helpful for you, in your own defense, to attend the Inquiry Proceedings as and whenever "scheduled." Taking a cue from the recently reported order of our Supreme Court (19 Feb 2019), the Inquiry Officer shall issue to you a copy of the Inquiry Findings for you to peruse and submit your representation against the Inquiry Findings, if you so decide to do so in fulfillment of the Principles of Natural Justice. Thereafter, only further necessary disciplinary action shall be taken. The purpose of such an Inquiry is to ascertain the facts in respect of the allegations, which is a worthy cause for all concerned.
Kritarth Team, 13.3.2019
From India, Delhi
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