Dear All,
My name is neeraj and i ve been working for last 6+ years in IT industry. in 2013 i got married but in 25 july 2014 my wife left the house and have been staying with their parents house . in this duration she had lodged a False FIR Against me and send defamatory letter to my company in 2015 and they terminated me. Now i am searching New job and Recently i got offer from Two Companies one is Tech mahindra and second one is software company . now i am worried if i will join that company i may get stuck in Police background check and they can terminate me. i am very much concern and jobless please suggest me shall i tell HR before joining that there is FIR against me (IPC 323) or shall join the company without telling them anything. Please suggest.
Regards
Neeraj yadav
From India, Delhi
My name is neeraj and i ve been working for last 6+ years in IT industry. in 2013 i got married but in 25 july 2014 my wife left the house and have been staying with their parents house . in this duration she had lodged a False FIR Against me and send defamatory letter to my company in 2015 and they terminated me. Now i am searching New job and Recently i got offer from Two Companies one is Tech mahindra and second one is software company . now i am worried if i will join that company i may get stuck in Police background check and they can terminate me. i am very much concern and jobless please suggest me shall i tell HR before joining that there is FIR against me (IPC 323) or shall join the company without telling them anything. Please suggest.
Regards
Neeraj yadav
From India, Delhi
Hello Neeraj yadav,
Can you give a few more inputs?
1] Were you arrested?
2] Was it only IPC 323 or 498A [Dowry harassment] also? Usually in such cases/situations, BOTH are filed together.
3] You mentioned your wife 'send defamatory letter to my company in 2015'--what do you mean by 'defamatory'? Was the fact about the FIR mentioned in that letter?
IPC 323 is not, per se, a very serious charge....but it all depends on how it's projected.
The Law says: "Whoever, except in the case provided for by section 334,voluntarily causes hurt, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine which may extend to one thousand rupees, or with both".
Pl give the full inputs to enable the members to give actionable/practical suggestions.
Rgds,
TS
From India, Hyderabad
1637Can you give a few more inputs?
1] Were you arrested?
2] Was it only IPC 323 or 498A [Dowry harassment] also? Usually in such cases/situations, BOTH are filed together.
3] You mentioned your wife 'send defamatory letter to my company in 2015'--what do you mean by 'defamatory'? Was the fact about the FIR mentioned in that letter?
IPC 323 is not, per se, a very serious charge....but it all depends on how it's projected.
The Law says: "Whoever, except in the case provided for by section 334,voluntarily causes hurt, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine which may extend to one thousand rupees, or with both".
Pl give the full inputs to enable the members to give actionable/practical suggestions.
Rgds,
TS
From India, Hyderabad
Were you terminated from the earlier job because of the police investigation and resultant criminal case or some other reason connected with your performance there and that too, after following the due process?
From India, Kochi
From India, Kochi
Hello Neeraj,
Nathrao is right when he mentioned "Do not go by IO being in your favour. What is important is what the police write in their investigation report".
The Court decides based on WHAT is written in the FIR, NOT on the opinion of the IO or anyone else. If the IO really has such an opinion, suggest her to mention it in the FIR....else take it with a pinch of salt.
And I concur with Nathrao in the further PoA.......Don't need to volunteer to give the info ON YOUR OWN......but if asked OR you have to fill-in something relevant, don't stop from giving the info.
While it's a known thing about the legal processes in India, did you get any indication on how much time this COULD take to get quashed?
And a word of caution.
Pl check with your advocate IF a 498A can be filed later in this whole process......going by the steps she took so far {'Wife send multiple Email to company on every location like us, banglore noida etc serveral time and thertened them to take action'}, looks like she surely has some grudge against you.
When she realizes that this FIR is not taking the course SHE wants to take, 498A COULD be the direction she MIGHT want to adopt. Typical psychology of women with this mindset.
Take whatever precautionary & preemptive steps you need to & can take in consultation with your advocate.......to ensure your next job is NOT effected.
All the Best.
Rgds,
TS
From India, Hyderabad
Nathrao is right when he mentioned "Do not go by IO being in your favour. What is important is what the police write in their investigation report".
The Court decides based on WHAT is written in the FIR, NOT on the opinion of the IO or anyone else. If the IO really has such an opinion, suggest her to mention it in the FIR....else take it with a pinch of salt.
And I concur with Nathrao in the further PoA.......Don't need to volunteer to give the info ON YOUR OWN......but if asked OR you have to fill-in something relevant, don't stop from giving the info.
While it's a known thing about the legal processes in India, did you get any indication on how much time this COULD take to get quashed?
And a word of caution.
Pl check with your advocate IF a 498A can be filed later in this whole process......going by the steps she took so far {'Wife send multiple Email to company on every location like us, banglore noida etc serveral time and thertened them to take action'}, looks like she surely has some grudge against you.
When she realizes that this FIR is not taking the course SHE wants to take, 498A COULD be the direction she MIGHT want to adopt. Typical psychology of women with this mindset.
Take whatever precautionary & preemptive steps you need to & can take in consultation with your advocate.......to ensure your next job is NOT effected.
All the Best.
Rgds,
TS
From India, Hyderabad
No one can be terminated from service because of being accused in a criminal case; the law presumes a person to be innocent unless convicted. Moreover, it is not necessary that a punishment in a criminal offence should result in loss of job, unless offence involves one of moral turptitude.
The same consideration should apply while selecting a person for appointment.
From India, Kochi
The same consideration should apply while selecting a person for appointment.
From India, Kochi
Hello Pvenu1953,
Vis-a-vis your opinion 'No one can be terminated from service because of being accused in a criminal case', you are right technically.
But reality is different.
In PSUs, the employee is suspended once the FIR or Chargesheet is filed. The reinstatement comes ONLY AFTER the employee is exonerated OR dismissed IF found guilty & sentenced.
However, in Private Sector, not many Companies like to follow this process.....they just dump the employee & move. That's reality.
I have known a case when a well-known IT Biggie just 'blacklisted' a Vendor...NOT any employee....when his wife complained the same way this member mentioned. Now how is a vendor/contractor's personal life connected with the Company's day-to-day operations & on what basis can the vendor--whose performance was very good until then--be 'blacklisted' are all totally unofficial & unwritten.
Neeraj's earlier Company did just that.......the choice for anyone in such situations would be to take it & move-on in life OR fight back legally, which everyone knows what it entails.
Rgds,
TS
From India, Hyderabad
Vis-a-vis your opinion 'No one can be terminated from service because of being accused in a criminal case', you are right technically.
But reality is different.
In PSUs, the employee is suspended once the FIR or Chargesheet is filed. The reinstatement comes ONLY AFTER the employee is exonerated OR dismissed IF found guilty & sentenced.
However, in Private Sector, not many Companies like to follow this process.....they just dump the employee & move. That's reality.
I have known a case when a well-known IT Biggie just 'blacklisted' a Vendor...NOT any employee....when his wife complained the same way this member mentioned. Now how is a vendor/contractor's personal life connected with the Company's day-to-day operations & on what basis can the vendor--whose performance was very good until then--be 'blacklisted' are all totally unofficial & unwritten.
Neeraj's earlier Company did just that.......the choice for anyone in such situations would be to take it & move-on in life OR fight back legally, which everyone knows what it entails.
Rgds,
TS
From India, Hyderabad
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