• Forwarding all emails from your organisation to personnel email

I resigned & got Full n Final from this org. They are now trying to frame me bcz i was not resigning earlier. both email ids are mine & was known to the head of the organisation who was my supervisor as well. He also has official communication on that id which doesnt belong to them. Now how can below mentioned act applied to me if i have my experience certificate with good marks. 

below is what they wrote to me?

Please be informed that From administrative and security and other organisational needs admin keeps doing its sanity and other security checks. It has been found that both the official mails that you were using provided by the organisation for organisational work purpose were forwarding all emails to some other email account. This can be seen as a questionable act.
 
You need to send us an explanation as why you were forwarding all emails from your organisation to some email account without informing the organisation.

"Dev  Please also read IT ACT 2000 carefully of section 72 and section 72A:-  
 
S. 72. Penalty for breach of confidentiality and privacy.—Save as otherwise pro- vided in this Act or any other law for the time being in force, any person who, in pursu- ant of any of the powers conferred under this Act, rules or regulations made thereunder, has secured access to any electronic record, book, register, correspondence, information, document or other material without the consent of the person concerned discloses such electronic record, book, register, correspondence, information, document or other mate- rial to any other person shall be punished with imprisonment for a term which may extend to two years, or with fine which may extend to one lakh rupees, or with both.

S. 72A. Punishment for disclosure of information in breach of lawful contract.—Save as otherwise provided in this Act or any other law for the time being in force, any person including and intermediary who, while providing services under the terms of lawful contract, has secured access to any material containing personal infor- mation about another person, with the intent to cause or knowing that he is likely to cause wrongful loss or wrongful gain discloses, without the consent of the person con- cerned, or in breach of a lawful contract, such material to any other person, shall be punished with imprisonment for a term which may extend to three years, or with fine which may extend to five lakh rupees, or with both.

Thank you.
Asked 6 months ago in Labour from New Delhi, Delhi
1) you have to in your reply deny that you have forwarded all official emails to another account

2) you should mention that both email ids were used for official purposes  as is evident from emails sent by supervisor to other email  id 

3) you should further state that you have not disclosed contents of emails to any other person and have mainlined compete confidentiality of all emails received by you and replies sent 
Ajay Sethi
Advocate, Mumbai
23408 Answers
1230 Consultations
5.0 on 5.0
1) in your reply mention all the points mentioned by me herein above . 

2) you have to deny that  you were forwarding all emails to some other email account.

3) you should mention that both email id were known to your supervisor as is evident from emails forwarded by said supervisor to your other email id 

3) you have not committed any breach of contract and have maintained strict conifdentality of all correspondence exchanged by emails 
Ajay Sethi
Advocate, Mumbai
23408 Answers
1230 Consultations
5.0 on 5.0
1. You have been accused of breaching the privacy of your ex-employer while you were still employed. So you should treat this email as a legal notice to which you should reply through your lawyer to deny the allegations. 

2. If the ex-employer were to sue you for damages on account of breach of privacy it shall have to explain as to how it did the full and final settlement if there was such breach committed by you.
Ashish Davessar
Advocate, Jaipur
18275 Answers
451 Consultations
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If the employer or any crook high level management boss is trying take personal vengeance on you they may do all such non-sense. 
Let them give a notice, you can very well give a reply notice stating that there was no beach of trust or an act of contradiction to the employees conduct and behavior as done by you.  In fact this was not notified to you anytime during your service tenure though the company was interacting with you on your other personal mail id plenty of times hence this cannot be termed as any act violating the employment conditions.
Give a reply through a skilled advocate very strongly so that the employer is not pursuing the matter any further because they cannot prove it before court of law even if they produce any evidence because law is common for all. 
T Kalaiselvan
Advocate, Vellore
14177 Answers
128 Consultations
5.0 on 5.0
what should i exactly reply to close this discussion. as i have proof of official communication on both ids by all heads of org....also there were no policy document signed during joining. 

If you have strong evidences to prove your innocence and also their personal vendetta, you can engage the services of a skilled and experienced lawyer to give a befitting reply to their notice to you. 
T Kalaiselvan
Advocate, Vellore
14177 Answers
128 Consultations
5.0 on 5.0

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