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Enquiry for Filing of a bribery case in a company
08-Aug-2023 (In Corporate Law)
Respected sir/ma'am,
I Rahil R. Kazi writes this mail to enquire about the procedure for filing of a bribery case.
The facts of the case are as follows:
There was an employee of company which is situated in Mumbai which manufactures infusions (pharmaceutical products). The employee took bribe from the suppliers of company to due which he was selling the products of the company by increasing their base price i.e from ₹100 he increased the price to ₹120 the profits was distributed among the suppliers.
This practise was carried from 2014 to 2017. Later on July 17, 2019 he wrote a confession letter to the company in which he accepts about the crime he has committed. Further he has also mentioned the name of the suppliers who bribed him.
Amongst the mentioned supplier, we wish to file a case against the one.
I request you to guide us through the procedures.
Thank you
Regards
Rahil Kazi
7588822989
this is very serious matter.
how and why this employee wrote that confession ?
how the company came to know about this price increase ?
For best legal advise, you will have to provide more information and details of the matter.
how and why this employee wrote that confession ?
how the company came to know about this price increase ?
For best legal advise, you will have to provide more information and details of the matter.
Helpful?
Adv. Namitabh Kothari
Mumbai | 400+ Answers
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There are various options open to you.
As an employee, the person has duty to be honest about managing the finances. He cannot collude and conspire with suppliers, when his job is to protect the interest of the company.
In the such situation the Company may take both civil and criminal actions.
Firstly, by engaging in such conduct, the employee is liable for disciplinary action by the company. If charges of bribery are proved you can suspend or dimiss him.
Secondly, a case of cheating, breach of trust and criminal misappropriation of property under IPC is alo possible. The supplier can also be made party by invoking Section 34 and 120B of IPC for 'common intention' and 'conspiracy'.
Lastly, a civil suit can be filed for declaration of fraud, unfair conduct, recovery of money and / or compensatory damages.
However, please do not treat this as conclusive advice, and do consult a professional before proceeding.
As an employee, the person has duty to be honest about managing the finances. He cannot collude and conspire with suppliers, when his job is to protect the interest of the company.
In the such situation the Company may take both civil and criminal actions.
Firstly, by engaging in such conduct, the employee is liable for disciplinary action by the company. If charges of bribery are proved you can suspend or dimiss him.
Secondly, a case of cheating, breach of trust and criminal misappropriation of property under IPC is alo possible. The supplier can also be made party by invoking Section 34 and 120B of IPC for 'common intention' and 'conspiracy'.
Lastly, a civil suit can be filed for declaration of fraud, unfair conduct, recovery of money and / or compensatory damages.
However, please do not treat this as conclusive advice, and do consult a professional before proceeding.
Helpful?
Adv. Mrinalika Devarapalli
Mumbai | 25+ Answers
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Sir, prima facie a case of criminal breach of trust is possible. Further, you can also file a civil suit also for recovery of losses. A case can also be filed against the supplier. Pls contact us for detailed advice and way forward.
Helpful?
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