• Absconding employee with client assets

Absconding employee with client (BNP Paribas) assets- Akhilesh Singh

Respected Sir/ Madam,

We would like to report that one of our employee, who was deputed at client place Foreign Bank is not reporting to the office since 11th December, 2017.
We have written a mail, messages and office person to his house, however till now neither he has reported back or returned Bank assets.
We need your help and
Asked 8 years ago in Civil Law

3 answers received in 10 minutes.

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15 Answers

Hello,

Immediately file a criminal complaint against him for criminal breach of trust, cheating and criminal intimidation.

Write down the facts on the piece of paper and give the same to the nearest police station , police will then do the required investigation.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

Lodge a FIR against the absconding employee, for he/she has failed to return the valuable belongings of the company.

If you had entered into a service bond with this employee, forfeit the bond in accordance with the same.

Take other actions against this employee which you are permitted to in terms of the employment agreement.

If you do not succeed in seeking what you are aiming for, send a legal notice to the concerned employee; and in case the same fails to help, take a legal recourse against this employee.

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

In that event you should first inform the police about losing his whereabouts.

Thereafter you can suspend him till he comes up with proper explanation and show cause .

I am not sure whether you have any job contract with him or not.

If yes then you can refer to its terms.

In any event it is recommended that you inform the police first and then take further action.

Devajyoti Barman
Advocate, Kolkata
23656 Answers
537 Consultations

File FIR ASAP.

Yogendra Singh Rajawat
Advocate, Jaipur
23084 Answers
31 Consultations

The FIR can be filed at the place where the cause of action took place and there the Senior Inspector is right in sending you to the Dindhosi PS.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

1) issue notice to employee at his residential address to immediately report for work failing which he would be declared as absconder

Ajay Sethi
Advocate, Mumbai
99868 Answers
8149 Consultations

Try lodging FIR at the PS to which you were referred to.

Write to the SP and SSP, Greater Mumbai, in case even this Police Station officials fail to lodge your FIR.

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

yes you can go to Dindhosi as client site was there. report fir that he is missing/absconding and he has taken with him and has committed offence of fraud and cheating. make strong point to search him, give his phone numbers, email id, residence address, etc

Varnika Singh
Advocate, New Delhi
327 Answers
2 Consultations

1. You can file a written complaint with particulars of Missing Assets if any.

2. You are required to co-operate with police for further investigation.

3. It is easy for police if you provide whereabouts that employee.

Kishan Dutt Kalaskar
Advocate, Bangalore
6230 Answers
499 Consultations

Hi, the FIR shall be lodged at local police station, where the office of the company is situated.. You can file the FIR at Dindhosi police station

Hemant Chaudhary
Advocate, Gurgaon
4632 Answers
67 Consultations

File a complaint in the court under Section 156(3) CrPC whereupon the court can order the jurisdictional police station to lodge the FIR under Sections 406 and 379 IPC for theft and criminal breach of trust.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

Place of investigation lies where offense is committed.

What kind of bank assets. - PS will of that branch.

Yogendra Singh Rajawat
Advocate, Jaipur
23084 Answers
31 Consultations

What is the employment conditions on such circumstances?

If there is no specific condition on this situation then you may issue a legal notice to show cause the reasons for abstaining from attending duty without any valid reason or sufficient cause

After that you may initiate action for termination as per rules of company under this situation.

The show cause notice to be sent to his house address by registered post

T Kalaiselvan
Advocate, Vellore
90070 Answers
2500 Consultations

We went to file an FIR to Saki Naka PS (Our office PS) where the senior inspector says we need to go to Dindhosi PS as the employee was at client site for project in Malad East.

If the employee was employed at the site which falls in that jurisdiction, a complaint shall be maintainable in that jurisdiction alone.

T Kalaiselvan
Advocate, Vellore
90070 Answers
2500 Consultations

Any PS may take complaint afterwords may transfer as per jurisdiction

P V Reddy
Advocate, Hyderabad
422 Answers
3 Consultations

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