Management Consultancy
Insolvency N Gst Professional
Consultant-labour Laws
Rsm Force
Sr Regional Manager

Cite.Co is a repository of information and resources created by industry seniors and experts sharing their real world insights. Join Network
Dear members , my company is involved in illegal work of bribing the doctors in different ways when we tried to appose it they have send me a transfer letter. Please suggest what action can be taken in this case , i have all the proofs of the illegal work done by the company.
First of all, is transfer a service condition i.e., is it mentioned in your appointment order or service rules. Then, has the transfer been done as per such rules. The next question that arises is, has the transfer affected your service conditions adversely like your status, pay & benefits, promotion prospects etc. And the ultimate question is that of malafides, from your account of events, it appears there is but the question is difficult to prove in courts of law as the entire onus of proving the malafides is on the person accusing, no mean task in deed . Let me also caution that the courts are generally reluctant to interfere in transfer matters. Most Govt. sector establishments have Whistle Blower Policy under which an employee can expose the corrupt deeds taking place in his organisation and his identity is kept secret and protected. In case of private sector there is no such policy, probably you may have to approach the right person(s) directly.
Dear Rsm,
You forget to mention the type of industry you are working for. Assuming it as a medical production and sales business I would state that bribing or extending benefits illegally are termed in a very nice way as "BUSINESS RELATIONS" which the companies in this profession does. Though when exposed, it is termed as illegal and unethical however such practices are prevalent commonly and why to expose it when every second company is doing that to remain in the race of competition. However I understand that your conscience might not allowing you to ignore this but this is the harsh reality of the time.
Government Departments/Politicians/ The whole governance machinery is aware of such malafide practices and they themselves are responsible to be blamed upon. You alone cannot change the scenario and this happens everywhere. Better to focus on your key area and work diligently otherwise if would be very difficult for you to survive. Whistle blowing is just a formality and required there to show that something is in governance.

dear sir , thanks for the reply but the matter of fact is company is now is transferring me to another state with out giving me any promotion , more over in the similar case earlier one of my subordinate was also treated the same way and he was transferred to head office and harassed mentally and was given the work of field survey for the upcoming venture of the company which too was fake . i have already spend 17years in this company and work really hard to establish the company in the assign area which i dont want to leave , sir i have proofs which can bea threat to companies work and their lisence can be also be cancelled ..pl suggest
rgds manish

You have worked for 17 years without being transferred.
Transfer is part and parcel of many jobs and you really cannot question the company.
Are you raising issues of bribes only because you are transferred?
Having proof of wrong things done by your company is of no use unless you are ready to come out openly and fight a lonely battle.
If you are not happy,look for different job.

dear sir , i was transfered beacuase i have raised my voice against corruption , more over sir i myself know that company can transfer any one without any question being asked , sir here i am trying to get some valuable suggestions that can used to come out of the difficult situation . i need valuable technical advise from the exprienced and learned people of the group
rgds manish

You can be definitely helped by the trade union or association who can take up victimisation of its member rather strongly with the management. Are you an office bearer or active worker of the union. There is a concept of 'Protected Workman' under the ID Act 1947 and certain immunities are provided to such workmen provided you are an office bearer and has been specified to be so by your union. Pl clarify the position.
If you are not actively associated with any union or association, an individual approach or litigation is not recommended for the reasons stated in the earlier post.

dear sir , i am a sr Rsm by designation not supported by association or union of any kind , kindly suggest weather a legal court case can be filed against the company or not , because there is no clause in our appointment letter which states that we will have to bribe the doctors to get our medicines prescribed by them and i have ample of proofs available to prove their guilt. more over any thing against the law of the country is criminal act i suppose. pl suggest .
rgds manish

In my experience, litigation against transfer has not yielded the desired results in most of the cases, though your company could be very badly exposed in the process. The company indulging in bribery or other unfair practices is one thing but where transfer is a condition of service to establish that transfer was actuated by such malafides is different. Anyhow you may have to consult with some good labour law practitioner before you venture into litigation in this regard on the adequacy of the material with you to challenge the transfer. Do you have 'Ombudsman' for pharmaceutical industry?
dear sir , i am unknown to the term Ombudsman ??

This discussion thread is closed. If you want to continue this discussion or have a follow up question, please post it on the network.
Add the url of this thread if you want to cite this discussion.

About Us Advertise Contact Us
Privacy Policy Disclaimer Terms Of Service

All rights reserved @ 2020 Cite.Co™