Cyber crime face book chatting during office hours
suguma
(Querist) 14 July 2013
This query is : Resolved
I am in charge of HR dept of a pvt Ltd. company. There are 3 Directors A , B, C .
I received a written complaint against one of the Directors "C" that during office hours he is using office computer to chat with women, young girls, writing derogatory remarks against pakistan, Muslims. She has full evidence with her. It is alleged that he is also using Facebook during office hours for entertainment and sexual talks with ladies etc. The complainant demands removal of the Director "C" from service of the Company. According to her it is cyber crime and the act/s are done during office hours the company is also liable for action, damages etc.
When I brought this to the notice of the Senior most Director "A" he told me forget it is his personal matter and we are not concerned what he does with face boo. He Director 'A" advised me not to issue acknowledgement of the complaint to the complainant. The complainant met Director C and she left after 2 hours. Director C called me and told matter is settled and that the complainant lives in dubai and she was his school mate and she is demanding Rs.1.5 lakhs from him and he did not pay.
What is the role of Head HR myself. Should I simply send that complaint to Cyber crime cell. or what to do as Director "A' and B 'not taking action against Director C.
Guest
(Expert) 14 July 2013
Since, as a manager, you don't have competence to investigate or initiate any investigation against your superiors, you may simply put up the complaint to the Board of Directors for information and necessary direction, keep a copy of your note sheet and wait for direction by the directors.
If you directly send the complaint to the cyber crime cell against your superior, just imagine, whether you can keep your own job secure or not.
Sudhir Kumar, Advocate
(Expert) 14 July 2013
not easy to give any advise unless contents of such chats is known.
Rajendra K Goyal
(Expert) 14 July 2013
Agree with the expert, nothing more to add.
suguma
(Querist) 15 July 2013
if the complainant submits the copyto cyber crime cell whether the company 's other directors are liable for abetting Director C
since the crime is done during office hours through face book.
Guest
(Expert) 15 July 2013
If she submits a copy of complaint to the cyber cell, why you are so worried? It is their personal matter, let them sort out themselves in whatever manner they want to do.
The question arises, whether the complaint is against the company or an individual director for his personal activities on the facebook? Still another question arises, if the crime is done during office hours through face book, does that activity of the director relates to company's official matters and done for and on behalf of the company, or he had done that in his individual capacity?
BUT, I don't know, why you are so eager to frame the director? Is not this a case of some revengeful thinking on your part against that director and you are very much interested to make that complaint as a tool against him to serve your own interest?
Sudhir Kumar, Advocate
(Expert) 25 July 2013
You are not able to describe your problem.
if the full facts are not worth discussing on open forum meet a lawyer in person with all papers.
Matter appears to be far beyond the scope of free advise.
V R SHROFF
(Expert) 07 September 2013
Suguma,
You have no role to play.
Let board decide. Your Directors are the mg body of company u work for as staff. serve.
Your job to direct letter; notice to higher up and keep quite.
Rajendra K Goyal
(Expert) 07 September 2013
One can be held responsible to the extent to the duties assigned to him. If without negligence the information is passed to the management the role of HR is over, ball is in the court of management.
