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The above events show you to be very tolerant of the errant ways of the delinquent and this cannot be tolerated any further, particularly the indulgence in talking on the mobile and carrying mobile to the Petrol Island which is prohibited by PESO.You may suspend him with immediate effect , issue charge sheet cum inquiry letter (i.e., by appointing inquiry officer also) if he refuses send it by registered post and expedite both the inquiries. Such pernicious fellows cannot be tolerated in a small set up like yours.
From India, Mumbai
You need to act swiftly by conduct of inquiry and action before he infects other employees also.
Now one question I have is when you use the swipe machine money comes to your company a/c, so extra amount of Rs100 must have got credited to your RO a/c.So refund is not an issue I presume anyway.
You have got evidence to suspend him and that will keep him away from the RO premises.
Non acceptance of letters can be solved by sending him Speed post letters for proof of delivery.
Since your RO may not have time for such lengthy enquiries, w/o delay suspend him and complete the enquiry and as per findings take action.
Is your specific RO unionised or is it a general union of RO employees
Delay in this case is neither desirable nor helpful in any way and will affect your RO.

From India, Pune
Dear Dharam,
In my career as a State Government Official for about 33 years, I worked as a Deputy Controller of Legal Metrology for about 8 years. Though it is long back falling in the early 1990s , still I do remember how the retail outlets of Petroleum Products have been run with the employees and particularly in big cities where the sales are very high during peak hours, the conduct of sales and service in an orderly fashion would be very difficult for employees as well as supervisors/managers who supervise them. Therefore, in most of the outlets, pump operators/salesmen are permitted to collect the cash from the customers directly and finish the transactions then and there during their shifts and at the beginning and end of the shift they calculate the total sales during their shift from opening and closing meter readings of their respective dispensing units and hand over the total cash collected to the cashier. When sales are effected through card swiping, the retailers' copies are kept by them and submitted along with the cash at the end. If the card was swiped for a higher amount, the money would have come to the establishment only. Therefore, the only chance of fraudulent practice could be selling the proportionate quantity of the product to the value of the excess amount collected to some other customer without bill. Therefore apart from the CCTV footage, you ought to have verified the total quantity sold by him during the shift and the total cash remitted by him adding up the card sales effected by him on that day. Then only, you can come to the conclusion of misappropriation or theft.
This apart, from your further post what one can easily infer is that there is no effective control over the employees in your establishment. Union of employees can not have a say in the matter of maintenance of organizational discipline. Unless and otherwise there are some loose ends in the method of sales and service, payments to employees and the manner of over all work discipline as well, no possibility of tolerating such misdemeanors and unbecoming conduct of an individual employee.
Be firm in the matter of maintaining discipline.

From India, Salem
Proving theft or misappropriation of Rs100 may be difficult.
If swiping was done money would have gone to RO bank a/c
Proving that he adjusted this Rs100 by giving more petrol etc and pocketed the cash may be difficult.

From India, Pune
Anonymous
Mr. Nathrao,
Employees and Employers of petrol pumps across the country follows one simple rule. We take the money from our employees as per the meter reading of all the dispensing unit. If he has taken Rs. 300 for which the customer has only got fuel with Rs. 200 then its a theft and it is also seen in the CCTV that he has filled only Rs.200 worth of fuel.

From India, Mumbai
Mr.Dharam Kapadia
I understand the possibility of theft/misappropriation if the transaction between your pump operator and the customer took place in the form of cash.But in this case, the customer made the payment through his debit/credit card in which case, there could be no cash transaction and the amount must have been credited to the company's account in which case, how it can be theft?
B.Saikumar
HR & Labour Relations Advisor
Navi Mumbai

From India, Mumbai
Mr Dharam,
We hope that the enquiry is completed fairly as fast as possible and just punishment imposed.
The problem of proving that employee has taken Rs300 from some random customer and tried to adjust the amount is difficult to prove regardless of CCTV.
Can CCTV show how much cash was being exchanged?
While advising on any issue, I try to visualise what could be the counter answer from the adverse party and see what we have to prove our case.
Not withstanding anything, issue here is now whether you can keep a defiant employee on your rolls??
He is now going out of his way to create problems.
HR policy and stricter administration will be needed to prevent other employees from getting afflicted by this disease .

From India, Pune

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