Upgrad LLM

rules of organisation


I have a organisation.
A rulebook is created by which I govern the organisation and it's legally applicable to all the people associated with organisation.

If one rule states that, the the employee who's is found to be in violation of Xyz rule (e.g cheating the organisation ) of the organisation will be dismissed.

Having said that the employee will be dismissed.

1. Can I still lodge FIR on the employee for cheating under ipc 420 ?

2. Will it be open to be to do FIR ? Do I have that authority ?

3. Or, I shall have to go by my Rulebook, which says - dismissal.

4. Can a case be instituted against the employee for cheating under 420 ?

5. Will it succeed in court ?

6.Or court would cite my rule of dismissal ?

7. what would be the probable judgement ?

Please answer objectively, if possible or as you find fit.
 
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Greetings,

In this case you may approach the Court but the common understanding in cases of cheating in Employer-Employee cases are that of dismissing the person as stated by you. Based on the cheating that has taken place and the facts, the Court will produce a judgement. If it is a small case, the dismissal of the employee is punishment enough. Therefore, you may approach the Court however, the product of you approaching the Court cannot be declared here. You may refer to the case of Plastene Polyfilms Limited where a case was filed agaisnt an employee for corporate espionage. 

Please remeber to understand the facts and circumstances of the case and cautiously proceed. 

Hope this helps, Thank You. 

 
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Thank you Manogya Chava ji
 
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