Hi Sir, I have been searching in internet but not getting a proper answer anywhere. Kindly tell me if an employee was supposed to join an organization on 19th September, 2016 and a day before he sent a mail stating that his father in law had expired and requested to postpone his joining day by a week and then eventually he joined on 26th September (mutually agreed by the employee and us) and then after a few days we came to know with substantial proofs that his father in law is well and fit can we take any action against that person like IPC 420. We had offered him offer letter earlier, which he accepted and was supposed to join on 19th, then again we sent him a revised offer letter and he joined on 26th September. So his intention was to deceive us and we were deceived. And he also did this fraudulently, but ultimately he joined on the mutually agreed date. Can we file an IPC 420 or IPC 415 against him?
1) the employee gave false reason for not joining on due date
2) he gave an reason which was accepted by you and revised offer letter was given which was duly accpted by employee
3) employee has joined on revised date .
4) no case of cheating is made out . employee has lied about reason for not joining on due date .
1. Do note that offence of cheating occurs when the the other party is deceived to do something where he is caused wrongful loss making wrongful gain to the person causing cheating.
2. In your case by revising the date of joining no wrongful loss is caused to you.
3. Here the actions of the employee is at best lie but no cheating is caused by any stretch of imagination.
4. So case lies on the aforesaid sections.
Dear Sir...
If the enforcement authority ...make a part of the case ..then you can submit ..your papers in the court of law.....or its better that you can move to High Court For quashing of the trial court matter.
Regards
Mob-No-[deleted]
Respected learned advocates, Thanks for your valuable suggestions. So in this case what kind of IPC law is enforceable. We want to send a strong massage to all employees in our organization and for that we want to file an IPC case. What kind of case can be registered in such a scenario.
1) you can terminate his services if you sod esire
2) employee has merely lied to you as it was not convenient for him to join on date mentioned in appointment letter
3) no offence has been committed by him under IPC
Dear Sir
........its good for you.....that you can filed protection writ in high court
regards
I find no criminal charges to be raised against the employee.
However internally you can set rules of punishment like deduction of salary if leave is sought for on lies.
I repeat no criminal case can be brought for this type of action of your employee.
1. Section 420 of IPC is charged when there is an incidence of cheating.
2. To attract sec 420 of IPC, there should be an incidence of cheating where in the cheated is benefited at the cost of the cheated.
3. in the instant case, there is hardly any evidence to prove that he has benifited by his said act of cheating at the cost of the damage suffered by you.
4. So, criminal charges if brought against him for joining late by a week to your Company will not hold much water legally as such.
5. If you have the documentary evidence that he asked for your approval for joining late by a week for the specific reason that his father in law has expired and after that you have the evidence that he is still alive, then you can terminate him for giving you false information for acquiring your consent for his joining late.
1. As explained above, there is no irrefutable and clear evidence that he had gained at the cost of damage caused to you for his said late joining by acquiring your consent with the said false information about his FIL's demise for which no criminal charge lies on him.
2. You can terminate his services on grounds and reasons as explained in my earlier post.
Dear Sirs, The person in question indeed gained wrongfully. Prior to join our organization he was working with another company for 1 month and he suppressed that fact. On the day when he called us up and sent a mail stating that his father in law has died he was indeed present and working with that company. We have already talked to that company and we have substantial proofs for that. Now the problem is whether we should file a criminal suit for the lie that he made before joining our company in order to postpone the joining date or for suppression of material fact. I have talked to one learned criminal lawyer and he told me that IPC 420 happens when with fraudulent intention someone deceives someone and induces to deliver a property and here offer letter/appointment letter is a "property". But he also stated that his intention to defraud was for postponing his joining date not to get the property as in this case he already had the property. And for IPC 420 inducing to delivery of property is very important. So, writing a mail stating a false statement and induce us to postpone his joining date by a week doesn't make it a case under IPC 420 as per the learned advocate. Please correct me if I'm wrong. But he told us that we can go ahead with a case of IPC 420 for "suppression of material facts" which is suppression of his previous employment. We have already initiated domestic inquiry and planning to terminate him ASAP. But also want to take some strict legal action. Please tell us our available options?
1. Your local criminal lawyer is right in explaining you how it cannot be argued by you that 'property' was induced to be delivered by you to him fraudulently.
2. The above was presented in a more simple way for your understanding stating that cheater has not been benefited by causing damage to the cheated in the instant case.
3. Moreover, it will be difficult for you to prove that appointment letter reissued by you is a property he has fraudulently induced you to issue to him which is the most important part of your allegation to attract section 420 of IPC against him.
4. it is also to be noted that he may also lodge a criminal complaint/case under section 211 of IPC alleging that false case has been filed by you and the Court may take softer view on employee than the employer.
5. Terminating him by initiating disciplinary proceeding will be appropriate in the instant matter.
We had offered him offer letter earlier, which he accepted and was supposed to join on 19th, then again we sent him a revised offer letter and he joined on 26th September. So his intention was to deceive us and we were deceived. And he also did this fraudulently, but ultimately he joined on the mutually agreed date.
Can we file an IPC 420 or IPC 415 against him?
Your organisation should have conducted pre-employment background screening verification of new candidates.
If your organization does not have a formal process for the same, then the verification can be done by internal sources or can be outsourced, depending on the requirements of the organization.
A background screening process establishes the true identity of the person and verifies the information provided in the resume. The process enables the organization to minimize the risk of frauds, thefts, industrial espionage, operation disruptions, property destruction, reputation damage. Most importantly it facilitates the organization in providing a safe and secure work environment.
Your organization failed to do this background verification but blindly accepted his request for employment and offered him employment.
Such a person with doubtful integrity could not have been tolerated in the system even for a moment, hence as per the employment offer letter and the conditions stated therein you can terminate his employment without assigning any reason or without paying him the notice period due to the fact that he suppressed facts essential for his employment.
Dear Querist
He is not committed any offence which should be punishable under IPC but telling a lie is his wrong act and due to his wrongful information you may terminate him or claim your damages if any,
But you can not initiate proceedings under IPC against him, if you will go for criminal complaint or case against him then you can not win the case
10 dont file case under section 420 of IPC .
2) you will lose the case
3) you have been rightly guided by your lawyer
4) please not e that case under section 420 would take 10 years to be dispsoed of
5) just terminate his services
It appears that the 'learned criminal lawyer's in zeal of filing criminal case has opined that commission of offence under section 420 is committed while my advice remains the same which I have stated earlier.
1. This is not any offence under the realm of IPC. Every act of deceit does not constitute cheating. The act of deceit and fraud has to be committed with the intention of obtaining a valuable security. Since your employee did not obtain any property by deceiving you it falls afoul of the legal parameters of cheating. The utmost you may do is terminate him and then file a civil suit for heavy damages against him in the competent civil court.
2. However, he can certainly be prosecuted for cheating if he concealed the status of his previous employment.
Launch a criminal prosecution for cheating if he obtained employment through concealment of facts and also file a suit for damages if you want to send the right message across.