Legal Question in Administrative Law in India
I faced an enquiry in which the complaint against me was taken on record. but the complaint was withdrawn in writing 3 months before the enquiry. complainant came and said dat since complaint is withdrawn and due to a settlement between parties, he had no allegations to make, and i too said the same. but my company held that though complaint was withdrawn, allegations remain and stand made. is this legally correct?
3 Answers from Attorneys
once the allegations have been proved, the company may be right.
Yes, the stand of employer is legal. More particularly when the allegations involve criminal act, withdrawl of complaint is no excuse.
if the complaint was filed before the company and the company has settled the case among the parties. then it shall not be questioned again by the company.
if the complaint was discussed on another forum and settled out of company then the company can make separate inquiry on the same complaint.
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