Bribing case.
anckoora
(Querist) 26 September 2011
This query is : Resolved
Dear Sir,
My friend was working in an organisation. During his tenure of service, he took 25000 cash each from his two friends to give job in his company. Both got the job also. Now, my friend has left the job.His two friends are still there working. His boss came to know about this. And called up my friens and told him that company has evidence of my friend taking 25000 from two friends, so it is better to confess. My friend, under pressure confessed over phone to his boss. But most importantly, my friend used this 50000 in making payments for petty cash expense, small suppliers etc of the company - as petty cash amount was not released from head office.. My friend told this to his boss also. But boss says, it is immaterial where the money is used. But important is taking bribe.
Now, what action company can take against my friend ? Is it that Bribe giver is also liable for legal action as is bribe taker ? Under which law this offence comes ? Can a case be registered on my friend for taking bribe and also on two friends for giving bribes ? My friend believes that his boss has actually no eveidence. Under this circumstances, what course of action can be ?
please give me guidance in details.
thanks
anckoora
ajay sethi
(Expert) 26 September 2011
since payment was amde in cash i presume no receipt has been given .
if your friend has spent 50,000/ for meeting office expenses has he made a claim against the company ?
it is difficult to belive your story . if he had spent 50,000 / he would have lodged claim against the company by number of letters , reminders etc.
the fact that no such claims have been made shows the defence is an after thought .
since your friend has left organisation the company wont waste time in filing case against you . had you misaaproriated funds company would have filed police complaint against you
Guest
(Expert) 26 September 2011
The boss seems to be creating some evidence of bribe to take some revenge from your friend in a bid to make some criminal case against him by making tool of the said two employee friends.
Unless there is a concrete evidence of bribe, nothing can be done against your friend, particularly if the said two of his friends resile from their phonic admission. Such admission cannot be said as confession unless made before a magistrate.
But, if any of them admits about bribing your friend, not only your friend can be framed in a criminal offence, but also the said two employees, besides losing their jobs also.
ESTHERPRIYA
(Expert) 26 September 2011
Misconduct on the part of employees, they have to give notice and conduct enquiry and pass orders based on the witness and evidences. It may be suspension, dismissal or reduction in salary or post etc.,
anckoora
(Querist) 26 September 2011
Dear Sir,
My friend has already put his claim of 50000/- for the money he spent for office alongwith vouchers, cash memos etc - which is still pending with the company.
Can my friend's telephonic confession - to his boss about taking money from two friends to get them jobs in the company- be taken as evidence for a legal action ?
Guest
(Expert) 26 September 2011
If the telephonic conversation has duly been recorded that may harm the interest of your friend, otherwise unrecorded telephonic confession does not have any value.
Raj Kumar Makkad
(Expert) 27 September 2011
Experts have much opined on this subject.
