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surya kaliyamoorthi (Assistant Legal Manager)     08 June 2010

How to punish the person when commited theft

Here, my employee was,

Neither informed us he taken leave nor he left the organisation. But later we have realised, some amount was missing and he had not submitted the lap top to the management so far.

 What is the remedy we can get for the aforesaid allegation.....?



Learning

 5 Replies

Naresh Chandra Goyal (Chairman)     08 June 2010

Not handing over the laptop by the employee is not theft but it is criminal mis appropriation of the property. For this a criminal case is to be registered at your nearest police station.

For more contact on 09414072738

surya kaliyamoorthi (Assistant Legal Manager)     09 June 2010

Thanks Mr. Naresh,

But the Chash was also missing.....

Devajyoti Barman (Advocate)     09 June 2010

If that employe was ordinarily entrusted with the custody of money in connection with his job then he will be charged with criminal misappropriation of property and not with theft.

surya kaliyamoorthi (Assistant Legal Manager)     10 June 2010

Dear Deva and Naresh.... Not to handover the laptop will come under theft or Misapropriation property...........? He just using laptop for sending mail and having liaison with others...... in terms of work.. he is not dealing with cash...? but it was missing now...? i am also having got confuse a bit abouth difference of theft and criminal misappropriation property.....?

Basavaraj (Asst, Manager-Legal)     15 June 2010

Mr.Sury I do agree with Naresh Chandra, In my organization, Bangalore also same thing was happened, when he resigned the service did not return Lap Top and Car, we did not relive him, he was working in other company at Haydarabad. In very case as Law Officer I lodged the Complaint in jurisdiction police station against him for ‘misappropriation of the Company Property’ not for ‘theft’,  I made fully effort to collect his information and company name in Hyadarabad and gave to Inspector, the cops just telephoned him and told him about complaint before registering complaint, finally he scared and came to Bangalore, given apology letter also and handed over the laptop and car to us. Hence complaint was withdrawn, whatever his last month claims was settled amicable.

Hence you cannot say ‘theft’. It is my considered view that he was your employee and how can you can. Because Company only provide the things to its employee to discharge its day to day works so where is the question of theft.          

Regards

BASAVRAJ.R


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