1. In the event of a prima facie fraud , committed by HR employees, whereby substantial amount has been siphoned off from company accounts through tampering and creation of fake accounts over several years , is it necessary to conduct a formal domestic enquiry or the complaint should be lodged directly with the Police?
Dear member,
On the detection of the fraud, suspend the employee immediately and order the domestic enquiry. If the misconduct is proved, then award him a suitable punishment. If the employee pays you the amount misappropriated, then is there requirement to go the police? Check this with a lawyer.
If approach the police after conducting domestic enquiry, then you have some tangible proof at hand to show to the police. Otherwise, it remains just an allegation.
Thanks,
Dinesh Divekar
From India, Bangalore
7884On the detection of the fraud, suspend the employee immediately and order the domestic enquiry. If the misconduct is proved, then award him a suitable punishment. If the employee pays you the amount misappropriated, then is there requirement to go the police? Check this with a lawyer.
If approach the police after conducting domestic enquiry, then you have some tangible proof at hand to show to the police. Otherwise, it remains just an allegation.
Thanks,
Dinesh Divekar
From India, Bangalore
I would disagree slightly with Divekar ji
You should go to the police immediately and appraise them if the crime, file the FIR, etc. any delay may give the perpetrator a chance to escape,
Domestic enquiry also needs to be done, but it’s timeline is not connected with the investigation by the police.
From India, Mumbai
You should go to the police immediately and appraise them if the crime, file the FIR, etc. any delay may give the perpetrator a chance to escape,
Domestic enquiry also needs to be done, but it’s timeline is not connected with the investigation by the police.
From India, Mumbai
To stronghold your case lodged an FIR immediately in the name of employee or employees associated in this crime.
Put the employee under suspension with immediate effect and carryout the domestic enquiry. But FIR should be done at first instance.
From India, Mumbai
Put the employee under suspension with immediate effect and carryout the domestic enquiry. But FIR should be done at first instance.
From India, Mumbai
There is a risk in going ahead now with a FIR & criminal case. This being a white-collar crime, all records, documents and other evidence have to be submitted to the police in original and you will be handicapped in proceeding departmentally against the employee. Secondly, the standard of proof in a criminal case is to prove the guilt beyond doubt and also the process is a long winding one. So you will have to keep the employee under suspension for too long. In case you proceed with the domestic inquiry, the degree of proof is much less stringent (preponderance of probability) and the action can be relatively very quick. So you may take a call looking at all these facts. From practical experience, I can say, finish the disciplinary action fast, take action, and tie down the employee in the criminal case.
One thing remains a mystery, how a HR person could do massive swindling of finances, through falsification of records, may be others too are involved.
From India, Mumbai
One thing remains a mystery, how a HR person could do massive swindling of finances, through falsification of records, may be others too are involved.
From India, Mumbai
HR Person? An employee’s criminal conduct, if sufficiently serious and relevant to the employment, can jeopardise an employer’s trust and confidence in an employee which is an essential foundation of the employment relationship and can therefore be grounds for summary dismissal. Even if no disciplinary proceedings are conducted, the management may be afforded an opportunity to present their case during adjudication proceedings.
From India, Madras
From India, Madras
I was tasked with carrying out a domestic inquiry against a Govt Employee, long back when I was a young officer in the Indian Army.
The inquiry took over one year to complete .
The employee remained suspended during this period. It was a learning process for me as the employee kept on seeking fresh dates for one or the other reasons and by calling witnesses/ cross examining witnesses . .
Friend of the accused was also a Govt Employee who based in different city and was renowned expert in finding legal lacunae in conduct of the inquiry.
The witnesses back off in the end and the accused got off scot free.
It was a case of grave misconduct though which was not easy to prove if witnesses backtrack
So, one has to be sure of the evidence before opting for FIR or Domestic Inquiry
From India, Delhi
The inquiry took over one year to complete .
The employee remained suspended during this period. It was a learning process for me as the employee kept on seeking fresh dates for one or the other reasons and by calling witnesses/ cross examining witnesses . .
Friend of the accused was also a Govt Employee who based in different city and was renowned expert in finding legal lacunae in conduct of the inquiry.
The witnesses back off in the end and the accused got off scot free.
It was a case of grave misconduct though which was not easy to prove if witnesses backtrack
So, one has to be sure of the evidence before opting for FIR or Domestic Inquiry
From India, Delhi
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