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Raj Kumar Hansdah
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I recommend you ordering the domestic enquiry. If there is sufficient material evidence then lodge police complaint against the employee. In case you have only the circumstantial evidence and not material evidence then make a police complaint for theft and not against any person. Either way let police authorities investigate the case.
Make sure that enquiry is conducted in free and fair manner and it should not be vitiated in any way.
Dinesh V Divekar
18th September 2013 From India, Bangalore
As regards the other employee who is abscoding, the standing orders/servcierules/company policy will normally have clause on loss of lien by which an employee looses lien on his job if he absents continuously for 8 or 10 days without sanction of leave.If you have such clause, you can invoke it and treat him having voluntarily abandoned the job but not before issuing him notices for reporting for duty and explain his absence to comply with principles of natural justice.
18th September 2013 From India, Mumbai
In addition to the above responses, I would like to add:
What is the value of the stolen item??
If it has substantial material value, then only a police complaint would be justified.
A departmental enquiry must be constituted to go into the allegations.
A Preliminary enquiry may be held to ascertain prima-facie the facts about the incident and responsibility to be fixed.
The above suggestions would be applicable in case you want to proceed in a fair and legally-compliant way.
18th September 2013 From India, Delhi
19th September 2013 From United States, Torrance
However, one can take disciplinary action on account of this absence.
#2. Why did he open the CPU ?
Was it for some repairs; and is he entitled to do so ?
If he states that he has not taken the RAM, is it possible that it has been misplaced ?
RAM is a very small component and 1GB/2 GB RAM used in PC's do not have much resale value.
Ascertain the value yourself from the market.
Can an employee risk his job for this ?
Click these links to find the retail price of a brand new RAM :
Page No. 2 - RAM Price List in Nehru Place Market - Latest DDR Memory RAM Price - DDR1, DDR2, DDR3 RAM Price in NehruPlace today
Transcend DDR3-1333/PC3-10600 DDR3 2 GB PC RAM (JM1333KLN-2G) - Transcend: Flipkart.com
You have to find answers to these questions and go over the matter without any prejudice and accordingly ensure that the employee is treated fairly; rather than use the incident to fire him.
19th September 2013 From India, Delhi
If these are the only circmstances for you to assume that the employee has stolen the ram, it may not sustain the charge of theft as Mr.Rajkumar said. Thereshould be either a direct witness who has seen him stealing or he must have caught redhanded with the ram in his possession outside the office premises or by Security at the gate while leaving for home(if you have one) or some other circumstantial evidence to support the charge.Even if you recover the ram from his possession outside the office premises., how you prove that it belongs to your office. There should be a corroborative evidence not assumptions to proceed in case of serious charges like theft. You may issue a warning letter for being negligent in loosing ram after making enough effort to search and loacte it.
19th September 2013 From India, Mumbai
You are not sure of the theft committed by the absentee worker, who is working under your control. You have take correct action by issuing notice of recall ( I presume). This is sufficient to report the fact to your higher authority, for further action, that serves the purpose.
19th September 2013 From India, Bangalore