True, the charge sheet is a bit faulty. Claiming it was un-authorized access, the employer can contradict and claim otherwise i.e the employees had valid access to the footage.
I think the charge sheet could have been framed better under the new Data Protection Act of 2019.
The company & its employees violated the purpose limitation principle which states that data collected and processed for a particular legitimate purpose (e.g security surveillance) cannot be re-purposed and used for another agenda (e.g gossip, lighting up the internet, or reporting my movement to spouse ;-)
A charge sheet based on data protection principle may have a higher chance of success and maybe better penalties.
walu.