Criminal
Reshma K
(Querist) 06 December 2009
This query is : Resolved
Hi, One of my relation is who was working in a company is accused of favouring a particular vendor and bribery. The company had called him for some questioning and he had attended. He is claiming innocence and has refused to go again to the company for further questioning. He is anxious if they will lodge a police complaint.
I want to knwo the procedure. Will the company have to file a case first or do they approach the police? how does this happen... can you pls guide with details.
Arvind Singh Chauhan
(Expert) 06 December 2009
Case for Bribery can be filed only if a govt. servant is bribed. Rest depends on the facts of your relative's case about which we are unknown.
joyce
(Expert) 06 December 2009
Yea, ur relative have denied the facts as questioned aganist him . Its good if he has not really done the offence in abeting the briber.In case if he is involed in it also, then his denial must be accepted by the company. Ask ur client to go further and answer all the questionary or introgations put forth to him; so that he has a chance to clarifiy that he is not the offender or abbettor. Ok principls of natural justice is given let ur reletive take use of it, instead remaing silent or being absent which leads to suspious.Instead of curiousilty of case let him clarify the authories that he has not done any offences and it does not relate to him. procedure is they file complaint, summons will be served, take a bail, contest the case.
N.K.Assumi
(Expert) 06 December 2009
Great Joyce!Yes, move for anticipatory bail and contest the case.
Raj Kumar Makkad
(Expert) 06 December 2009
Company has not got the judicial or police powers rather it is a departmental enquiry type questioning which can be repeated untill the enquiry finishes.
so far as taking action is concerned, company can lodge FIR/criminal complaint as well as departmental disciplinary action under its own rules. Suspected person should fully co-operate with the authorities of the company to show their innocence.
Guest
(Expert) 06 December 2009
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE
MOBILE.09325226691, 09271971251
e.mail.adv.nbsawant@yahoo.co.in
e.mail.nandkumarbs@sify.com
REGARDING THE MATTER KINDLY NOTE THAT.
1.YOUR RELATIVE HAS BEEN CHARGED BY THE COMPANY AS MENTIONED BY YOU.CO.CONDUCTED INQUIRY AGAINST HIM HE REFUSED ALL CHARGES.
2.COMPANY MAY GIVE PUNISHMENT IN THE SAID DISCIPLINARY ACTION AGAINST THE SAID PERSON.
3.COMPANY MAY ALSO FILE A CRIMINAL COMPLAINT AGAINST THE SAID PERSON IN CASE CHARGES ARE SERIOUS AND COMPANY HAS SUFFERED LOSS DUE TO THAT.
4.HENCE IT IS BETTER TO FACE ENQUIRY AND GIVE ALL DETAILS TO THE COMPANY.IT WILL PROVE HIS INNOCENCE.IT IS A CIVIL MATTER.HE CAN FILE APPEAL TO THE APPELLATE AUTHORITY.(LABOUR COURT ,INDUSTRIAL COURT)
5.BUT IN CASE CO.FILES CRIMINAL COMPLAINT AGAINST SAID EMPLOYEE AT POLICE STATIONMT, THEN POLICE MAY ARREST HIM IF CHARGES ARE SERIOUS, HENCE IT IS ADVISIBLE THAT HE FILES AN APPLICATION FOR ANTICIPATORY BAIL TO THE DIST AND SESSIONS COURT AND SEEKS PROTECTION FROM ARREST IN SAID CRIME.REGISTERED AT POLICE STATION BY THE CO.
KINDLY SEND DETAILS IN CASE ANY FURTHER HELP IS REQUIRED.
WITH BEST REGARDS TO YOU YOUR FAMILY AND FRIENDS
THANKING YOU
YOURS SINCERELY
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE
