misuse of company property
ram
(Querist) 16 August 2009
This query is : Resolved
One of the employees left the organisation without giving the notice.Obviously neither her resignation was accepted nor she was given releiving letter. Later on it was revealed that she has joined a company by submitting the fake releiving, experience and other documents in the company's letter head with forge signature of company's director. Pl. suggest how legal action can be initiated against the person so that it becomes an example for other employees.
Also in which police station complaints can be lodged- in police station in whcih jurisdiction company is located or the alleged person is stationed.
Thanks.
A V Vishal
(Expert) 16 August 2009
Dear ram
Action can be initiated for fraud, forgery and cheating against the employee. You can file a case in the local jurisdiction of the Police station where your company is situated.
A V Vishal
(Expert) 17 August 2009
I differ with Soni's practical view, that since the accused is a female she will evoke sympathy, since Mr Soni also considers that the letter head is not a fake it proves the point that the accused has broken the trust and misused the same.
Guest
(Expert) 18 August 2009
Irrespective of all above mentioned facts, any person can file complaint under the local jurisdiction of the place, where such documents were presented.
1. Any person can file complaint as the criminal law can be set in motion by any one.
2. According to the legislature who has taken the law in his/her hand does not deserve any sympathy whether he is male or she is female.
3. She has committed the offence of forgery and cheating.
4. Kindly refer the provision 406, 420, 463 to 470 of Indian Penal Code.
M.M. Lokhandwala Advocate (09727000333)
A V Vishal
(Expert) 18 August 2009
Prabhakar,
I appreciate the reasons cited by you, but as professionals we are here to advise and direct but not judge, during the course of trial the judge will go into all the details. Further, your fear that she might file a case of sexual harassment is unfounded, since she will have to prove it and the burden of proof lies on her and if she fails then she will face more severe consequences and if she is advised properly then she might not think of such a mis-adventure. Further, it is not only the employer but the employee too must have some ethics, like it is not their whims and fancy to resign without following prescribed procedure.
