Police complaint
Rakesh
(Querist) 17 March 2014
This query is : Resolved
Hi friends,
One of our Ex Employee created nuisance yesterday in one of our chain of restaurants and our Store manager is not willing to file a complaint in Police station, on contrary he has requested the company to file the complaint. Please let me know if a company can file a complaint on behalf of its employess or should we direct the restaurant manager to file the compalint, since he is the one incharge?
Devajyoti Barman
(Expert) 17 March 2014
Any person holding the responsibility of day to day functioning of the company can lodge complaint on behalf of the company if any crime is committed in its property.
So the Director or Manager can lodge complaint.
Rajendra K Goyal
(Expert) 17 March 2014
The employee has created nuisance, Chain should initiate disciplinary proceedings against him and after inquiry employer may dismiss him.
Sudhir Kumar, Advocate
(Expert) 17 March 2014
if it is criminal matter then police will not take notice of the complaint unless there is statement of those present.
The person not present has little jurisdiction of complaint.
ajay sethi
(Expert) 17 March 2014
advisable for store in charge to file complaint as he was personally present at the scene
Devajyoti Barman
(Expert) 17 March 2014
Well, FIR maker need not be the person who witnessed the incident.
It can be lodged even on behalf of the actual victim.
Rakesh
(Querist) 18 March 2014
Okay!!!! thank you all, even my legal team had same opinion and i have directed the store manager to lodge a complaint, as he would be the right person to explain the exact situation to the competent authorities.
Guest
(Expert) 18 March 2014
You have not mentioned, how the store manager is linked to the incident? However, as a legal person of the company, ask the restaurant manager to submit the whole account of the incident in writing, examine the same from legal point of view, and if it is considered worth lodging a police complaint, direct the manager in writing to lodge a police report, otherwise the HR of your company should take the responsibility to lodge a police complaint.
Rakesh
(Querist) 19 March 2014
Sir..
Our Ex Employee was drunk and broke our restaurant glass and assaulted our store manager. Now if HR files an complaint, will HR be summoned or the Store in charge in the court for further proceedings? And also who would be the best person to explain what exactly happened in the court?
ajay sethi
(Expert) 19 March 2014
store manager was assaulted . he is the prime witness to damage caused to the restaurant . hence advisable that store manager should file complaint .
where is your restaurant ? for members of LCI no charges to be levied
Rakesh
(Querist) 19 March 2014
That's what even we thought right Mr. Ajay anyways thanks to Mr. Dhingra for his opinion and Mr. Ajay i work for Dominos Legal Dept. and our restaurants are all over India, please let me know when u vist next time i shall get some discount :)Thank you.
Sudhir Kumar, Advocate
(Expert) 26 March 2014
HR was neither assaulted nor he is witness. It is the manager who is witness.
In addition to being an employee or person present he is the manager. He is otherwise expected to take action as per company directions to maintain discipline and run the trade and safety of company property.
Giving police complaint is one of the exemplary method in such cases so that such even is not repeated by other employees and taking no action by manager is indirect encouragement of indiscipline.
In most of the cases Mangers themselves provoke employees to that extent and shun to take action.
If the Manger totally refuses to write FIR (delayed FIR will be useless) then in your place IO would have asked him to meet the loss of company property from his pocket and get assaulted outside if in the hobby. In addition as far as the lapse of maintaining discipline is concerned the manger (even if restores loss from his pocket) is liable for being thrown out following a proper disciplinary action and inquiry.
Sudhir Kumar, Advocate
(Expert) 26 March 2014
Further in case manager has send any written report to HR then it can be sent to police under covering letter and criminal case will be registered.
In case there is no written report from manager then I have already expressed my views.
It appears that by not dialing 100 then and there, the police is deprived of opportunity of getting medical examination of the employee.
Further advise can be given by someone who sees the Standing orders of company and report of the event.
Rakesh
(Querist) 26 March 2014
Fine Sir... Thank you.
