• Resignation - how to reject

One fradulent employee had sent his resignation when informal enquiry is being continued,to recover the said amounts. He is not coming to the office. How to reject the resignation
Asked 2 years ago in Labour

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24 Answers

Not accepting is itself a rejection of resignation. And his resignation has no value. If he founds guilty or committed crime/cheating/forgery with company than company can file FIR or other damage claim cases to punish him.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

You need to send him any mail stating the reason for rejection and tell him to come back to work so that you can recover the amount pending you can also stated the notice that in case is not coming back to the office and you will start criminal proceeding against him

Vimlesh Prasad Mishra
Advocate, Lucknow
6849 Answers
23 Consultations

4.9 on 5.0

1. You may issue reply to resignation letter rejecting same further issue notice to the said employee for recovery and enquiry. 

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

1.  You may issue notice and reject the resignation , further if he fails you file police complaint and file suit.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Well even if his resignation is accepted his criminal liability in the offence does not go away. 

So if he defalcated funds of the company or indulged in fraudulent activities then you need to lodge a complaint with local police. 

His personal presence ir rejection of resignation will be of no help. 

Devajyoti Barman
Advocate, Kolkata
22515 Answers
409 Consultations

5.0 on 5.0

 - As per the Employment Act, employees have the right to resign at any time, by serving notice or by compensating the employer with salary in lieu. It is an offence for employers to disallow employees to leave their job.

- Further , the Supreme Court has declared in the judgement of the case titled as Sanjay Jain versus  National Aviation Company of India Ltd, , that to resign is a right of an employee who cannot be forced to serve in case he is not willing until and unless there is some stipulation in the rules or in the terms of appointment or disciplinary proceedings is pending or contemplated which is sought to be avoided by resigning from the service. 

- Hence, if any disciplinary enquiry is going on against that employee , then only an employer can reject the resignation of an employee . 

- However, you can issue a legal notice to the employee after narrating that due to certain reasons and circumstances , your resignation is rejected , and you are informed to appear before the management of the company personally for the same. 

Mohammed Shahzad
Advocate, Delhi
10324 Answers
124 Consultations

5.0 on 5.0

The employer may send him a notice by registered post asking him to join duty immediately under the relevant service rules. A newspaper publication may also be productive for the purpose.

Swaminathan Neelakantan
Advocate, Coimbatore
2152 Answers
20 Consultations

4.9 on 5.0

You kindly issue him a letter or mail or may be whats app him that his resignation can not be accepted as the inquiry against him is already pending and if he does not report to office in next two days, a police complaint will be registered against him and no relieving letter shall be given to him.

Archit Vasudeva
Advocate, New Delhi
260 Answers
2 Consultations

5.0 on 5.0

Simply notify him that his resignation is declined and he have to join back duty.

If he doesn't respond than you have to initiate criminal complaint for recovery 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

You can reject it by replying to the same as not accepted till inquiry is pending and things are not resolved

Prashant Nayak
Advocate, Mumbai
28106 Answers
93 Consultations

4.4 on 5.0

The best way is to send him a legal notice for breach of contract in case you really want to avoid involvement of the police.

Swarupananda Neogi
Advocate, Kolkata
2947 Answers
6 Consultations

4.7 on 5.0

Reply to the resignation letter stating the reasons for refusal.

 

Regards 

 

G.Rajaganapathy 

High Court of Madras 

Rajaganapathy Ganesan
Advocate, Chennai
2085 Answers
8 Consultations

4.9 on 5.0

You should send email that resignation is being rejected on grounds that inquiry is being conducted on account of misappropriation of funds by the employee 

Ajay Sethi
Advocate, Mumbai
89092 Answers
6362 Consultations

5.0 on 5.0

Ask him to rejoin duty forthwith failing which disciplinary action would be taken against him 

Ajay Sethi
Advocate, Mumbai
89092 Answers
6362 Consultations

5.0 on 5.0

If he has sent the resignation letter by post then yo may send a legal notice intimating the decision to reject his resignation application and you may instruct him to appear before the departmental inquiry committee for the alleged frauds pending against him with the company.

You can additionally mention that if he fails to appear before the company's inquiry committee, a decision against him, in his absence would  be taken, which would be followed by legal actions through civil and criminal laws  to recover the money as well as to punish him for the commission of the crimes established against him.

This notice will have some impact, if it do not, then you may proceed with the steps to be taken as suggested.

 

T Kalaiselvan
Advocate, Vellore
79250 Answers
1618 Consultations

5.0 on 5.0

You first issue a legal notice to him as suggested in my previous post of the same thread.

Whether you intend to take any criminal action or not, first of all initiate some steps from your and instead of wasting your time which may give him advantage.

The more and more delay you cause would be a situation advantageous to him and you may not be able to recover any amount if he is destroying the evidences.

 

T Kalaiselvan
Advocate, Vellore
79250 Answers
1618 Consultations

5.0 on 5.0

Resignation should not be accepted. You should inform him that his resignation cannot be accepted in the light of the pending enquiry.

Rahul Mishra
Advocate, Lucknow
13846 Answers
65 Consultations

5.0 on 5.0

If you dont accept the resignation and inform him about it then that is enough.

Go for criminal proceedings and enquiry should be completed expeditiously.

Rahul Mishra
Advocate, Lucknow
13846 Answers
65 Consultations

5.0 on 5.0

1. Instead of rejecting the resignation it may be kept pending so long as enquiry is in progress.

2. If he is indicted by the enquiry report then you may reject his resignation and terminate him.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

Respected sir...

In that case you have to give him a legal notice mentioning all the facts and circumstances and  giving a warning to him either to pay the amount which is have to recover from him or otherwise you will have to initiate legal proceedings against him you have only to warn him..... In last you can also mention that your resignation will not be accepted until u p the areas....

 

Thank you

Dinesh Sharawat
Advocate, Delhi
1259 Answers
12 Consultations

4.9 on 5.0

If you are not in the situation to initiate criminal proceedings then forget him and go ahead, if you want recovery of the amount due upon him then issue a notice to him with the rejection of his resignation and if the employee is not ready then file a civil suit for recovery before the civil court.

 

 

Nadeem Qureshi
Advocate, New Delhi
6220 Answers
302 Consultations

4.9 on 5.0

Inform him that acceptance of his resignation is under consideration and till he should attend the office , in the meantime initiate a domestic inquiry after issuing show cause notice to him.

Koshal Kumar Vatsa
Advocate, Gurgaon
2283 Answers
3 Consultations

5.0 on 5.0

You can issue a letter that resignation is not accepted and mention the reasons in details . 

 

Mohammed Mujeeb
Advocate, Hyderabad
19032 Answers
32 Consultations

4.5 on 5.0

Send him a reply that your resignation cannot be accepted due to pendency of Inquiry and recovery of fraud amount.

 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

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