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kumar (xxx)     30 June 2011

Bribe in IT company

Hi,

I am negotiating with my ex-employer for my settlement. The HR person from that firm is asking bribe over the phone in order to perform my settlement.

In the above scenario as an ex- employee what should I do?

Please advise.



Learning

 7 Replies


(Guest)

ask boss for reward if you catch the HR person red handed. Ask for the money from your boss to set a trap

Kumar Doab (FIN)     30 June 2011

Arrange a call from between mobile phone, registered in your name and HR guys name, and record. Somehow manage to speak the date, month, year , amount payable by the company, bribe to be paid to HR guy, how and when, it is to be paid, and when you shall get you dues after the bribe is paid to HR guy.

Lodge a complaint with SSP of police and let him be caught red handed. Tell the HR guy that you shall circulate his credentials to all companies and consultants and see the change. he does not deserve to be in the corporate sector.

Write to your company that you have completed all formalities and settle your dues say within 15 days.

 

kumar (xxx)     30 June 2011

Hi,

Setting trap is not a realistic solution considering that fact that this conversation happens on a overseas call.

This HR person is not known to me and he is asking a favour during the first conversation. I am surprised to see this kind of activity happening in a reputed firm.

Is there any other legal way to resolve this.

Regards

Kumar

 

Adv k . mahesh (advocate)     03 November 2012

if you know any other person who is also working in the company try to contact and settle your mater

Rahul Kapoor (Legal Enthusiast)     04 November 2012

record the call as evidence.

Chetan Joshi (Advisory/Advocacy)     04 November 2012

Totally depends on what you wanna do....You may chose to bribe...you may record the conversation and press some charges....Its surprising to know the kinda guts HR have....

 

Why dont you tell the exact case, to seek appropriate advise...what kind of settlement it is etc?

 

Regards

Chetan.7679@gmail.com

Sudhir Kumar, Advocate (Advocate)     04 November 2012

Bribery by non-govt servant is not covered under PC Act.  Hence CBI and State Vigilance Bureau would not cooperate.  However

 

You please read section 383, 384, 44 of the IPC

 

 

S/44  The word "injury" denotes any harm whatever illegally caused to any person, in body, mind, reputation or property.

 

S/ 383

Whoever intentionally puts any person in fear of any injury to that person, or to any other, and thereby dishonestly induces the person so put in fear to deliver to any property or valuable security, or anything signed or sealed which may be converted into a valuable security, commits "extortion".

 

Illustrations

 

(a) A threatens to publish a defamatory libel concerning Z unless Z give him money. He thus induces Z to give him money. A has committed extortion.

 

(b) A threatens Z that he will keep Z's child in wrongful confinement, unless Z will sign and deliver to A promissory note binding Z to pay certain monies to A. Z signs and delivers the note. A has committed extortion.

 

(c) A threatens to send club-men to plough up Z's field unless Z will sign and deliver to B bond binding Z under a penalty to deliver certain produce to B, and thereby induces Z to sing and deliver the bond. A has committed extortion.

 

(d) A, by putting Z in fear of grievous hurt, dishonestly induces Z to sign or affix his seal to a blank paper and deliver it to A. Z signs and delivers the paper to A. Here, as the paper so signed may be converted into a valuable security. A has committed extortion.

 

S/384

Whoever commits extortion shall be punished with imprisonment of either descripttion for a term which may extend to three years, or with fine or with both.

 

 

Punishment—Imprisonment for 3 years, or fine, or both—Cognizable—Non-bailable—Triable by any Magistrate—Non-compoundable.

 

 

So there is offence of extortion and you can request police to lay trap.  If they refuse then you can submit complaint of extortion on the basis of recording and seek directions of ilaqa magistrate.

 

You have stated nothing about PF account.  If that is withheld advise will be different.


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