Senior used official id to sent resignation and harrassed
My senior used my official mail ID & sent the resignation mail from my ID after that he insulted & harassed me in front of other employees. Please suggest me what should I do & tell me which Act & Section can be implementing in this activity. Thanks
For sending the mail from your account, you could sue your senior under Section 66A(c) of the Information Technology Act, 2000 ("any electronic mail or electronic mail message for the purpose of causing annoyance or inconvenience or to deceive or to mislead the addressee or recipient about the origin of such messages [shall be punishable]"). He can also be sued under Section 66C of the said Act ("Whoever, fraudulently or dishonestly make use of the [...] password [...] of any other person, shall be punished ..."). You could sue your senior for defamation for insulting you (in case he said something which is untrue and which had an adverse impact on your reputation), though we would suggest it is better to begin with negotiating with your senior explaining him your position.
For any action under the IT act it will be difficult to prove within the company as to who had access thorugh which terminal to company email ID. What was the exact nature of harrasement? based on that there are several SC judgement for protection of Women's rights at the workplace.
Book a phone consultation with a top-rated lawyer on Lawfarm.