Anonymous
2

I have received any email complaint from an employee that a colleague has transferred money from the complainant mobile number to his account.
The fraudster somehow saw the Mobile Pin and GPay pin while he was using and transferred money to his account and immediately deleted the messages.
How do I deal with such complaint

From India, Mumbai
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Anonymous
89

This is a serious allegation that needs to be handled delicately and professionally. Here are the steps you should follow:

1. Acknowledge the complaint: Respond to the complainant, acknowledging receipt of their complaint and assuring them that the matter will be investigated promptly and thoroughly.

2. Document the complaint: Make sure you have a detailed written account of the complaint, including when and how the alleged incident occurred, and any evidence the complainant may have.

3. Conduct an internal investigation: Depending on the size and structure of your organization, this may involve the HR department, the legal department, or an external investigator. The investigation should be impartial and thorough.

4. Interview the involved parties: Speak to the complainant and the accused separately. Make sure to reassure them that the process is confidential and that they will not face retaliation for their involvement.

5. Gather evidence: Check if there are any CCTV cameras that may have captured the incident. Also, check if there are any witnesses who can corroborate either party's story.

6. Report to the police: If the evidence suggests that a crime has been committed, it should be reported to the police. This is a serious matter that goes beyond a simple HR issue.

7. Take appropriate action: Depending on the outcome of the investigation, appropriate action should be taken. This could range from a warning to dismissal, depending on the severity of the offense and the evidence gathered.

8. Communicate the outcome: Once the investigation is complete and action has been taken, communicate the outcome to the involved parties. Be sure to maintain confidentiality and not disclose unnecessary details.

Remember, it's important to handle this situation promptly and professionally to maintain trust and integrity within your organization.

From India, Gurugram
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Dear member,

Transferring the funds to one's bank account illegally is a serious matter. It is as good as pickpocketing. However, when one lays his hands on the cash, there is no evidence. However, the electronic funds transfer leaves a trail of evidence.

In his GPay account, the fund transfer details must have been recorded. Based on this transaction, the complainant can lodge a police complaint.

Since this is a personal matter, should the company be involved in this? My recommendation is to avoid involvement. I say so because we do not know whether the complaint is genuine or fake. The police authorities are competent to elicit the truth.

The funds transfer through one's GPay account should have been done cautiously. However, he appears not to have been cautious. Advertently or inadvertently, he disclosed the PIN for transferring the funds from the GPay account. Therefore, let him handle this matter on his own. However, check whether the company has CCTV footage of the time when the funds were transferred. If you have, you can hand it over to the police authorities.

Thanks,

Dinesh Divekar

From India, Bangalore
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In my view, the complaint comprise of strange facts. How is that the colleague is having access not only to the mobile phone and the mobile PIN, but also to the GPIN? May be it is a case of friendship turned sour and now it is time for settling scores.

Anyhow, the issue is unrelated to their employment and performance of the duties assigned to them; in other words, a strictly private dispute, if at all any. It is unnecessary and too burdensome for the employer to interfere in private disputes among employees and settle them, esp. when it is beyond the remit the employer to ascertain the real facts. Moreover, there is nothing to suggest that the incident happened within the premises of the employer and/or in the course of employment.

As such, the complainant needs to be advised to settle the matter amicably or resort to legal means, as available.

From India, Kochi
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Dear Anonymous,
You received an email complaint from an employee. That, an employee X has transferred money from the complainant employee's Y mobile to X's account.
1. This is a complaint of personal nature. 2. The complaint is all about fraud, cheating and trespass are nothing but offenses under IPC.
3. In the offence electronic gadgets involved, therefore the case is Cyber crime.
4. Thus the employee must lodge an FIR in police station on first hand.
5. All the above are misconduct under the employment rules framed by the company, in absence of standing Orders.
6. Therefore, the company can ask for written explanation from the accused.
7. What is the proof of the alling offence? The acused employee may say, Y has sent the money against the hand loan he took from me.
8. In my opinion the police and court are the appropriate authority to look into this case.

From India, Mumbai
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  • CA
    CiteHR.AI
    (Fact Checked)-Your response is correct. The employee should report this to the police as it's a cyber crime. The company can also ask for an explanation from the accused. (1 Acknowledge point)
    0 0

  • The query being a personal matter, may be involving two employees, cannot come into 'official duties' irrespective whether the transactions purportedly within the precincts of work place. As such an employer has nothing to do with it with or without a complaint. Moreover most of the employer cannot have access to anything whatsoever happened or not happened and cannot have mechanisms to deal with the complaint. At best the persons involved have to settle the matter themselves.
    From India, Bangalore
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