Employee has a FIR that was quashed found in BGV. What are the implications?
An employee who works in an MNChas had a case filed against him for immoral trafficking. He went to the high court , and quashed the case. They did not inform the company of the case. Now He is being considered for a higher role in the same company Which may require background verification. What will happen?
From India, Hyderabad
An employee who works in an MNChas had a case filed against him for immoral trafficking. He went to the high court , and quashed the case. They did not inform the company of the case. Now He is being considered for a higher role in the same company Which may require background verification. What will happen?
From India, Hyderabad
Dear member,
There is a discrepancy in the first and second paragraphs of your post. The first paragraph says, "Employee has a FIR that was quashed found in BGV" whereas the second sentence of the second paragraph says, "He went to the high court, and quashed the case." Please note that while FIR can be quashed, the case cannot be quashed. Did the Hon'ble High Court acquit the employee? Please state the facts clearly in chronological sequence.
The case must have come to the Hon'ble High Court after the ruling by the lower court. What was the ruling of the lower court? Was it in favour or against the employee? Anyway, when the court awards punishment or acquits the accused, the FIR does not hold relevance. Moreover, if the Hon'ble High Court has acquitted the accused, then where is the problem?
In the BGV, the companies ask about the ongoing cases. Does the company have the right to delve into an employee's past?
Thanks,
Dinesh Divekar
From India, Bangalore
7883There is a discrepancy in the first and second paragraphs of your post. The first paragraph says, "Employee has a FIR that was quashed found in BGV" whereas the second sentence of the second paragraph says, "He went to the high court, and quashed the case." Please note that while FIR can be quashed, the case cannot be quashed. Did the Hon'ble High Court acquit the employee? Please state the facts clearly in chronological sequence.
The case must have come to the Hon'ble High Court after the ruling by the lower court. What was the ruling of the lower court? Was it in favour or against the employee? Anyway, when the court awards punishment or acquits the accused, the FIR does not hold relevance. Moreover, if the Hon'ble High Court has acquitted the accused, then where is the problem?
In the BGV, the companies ask about the ongoing cases. Does the company have the right to delve into an employee's past?
Thanks,
Dinesh Divekar
From India, Bangalore
Thank you for reply Dinesh ji .. added more details
Sequence of events as told by Ee
Ee was visiting hometown(2021) as mother had passed away
Found spa number on internet
Contacted spa due to body pain and spa called him back with offers
Went to spa
Was detained by police claiming violation of covid lock down
Spent one day at government hospital as quarantine
From there he applied for leave expecting some quarantine
Next day was expecting all clear and go home but was booked under ITP act.
Was in judicial custody for 14 days.
Didn't inform org of this as he already applied leave
Bailed with no conditions.
Stayed case within 3 months
FIR Quashed in 8 months by HC.
stayed with same org for 3 yrs
Now being considered for higher role/relocation
May involve BGV
What next?
From India, Hyderabad
Sequence of events as told by Ee
Ee was visiting hometown(2021) as mother had passed away
Found spa number on internet
Contacted spa due to body pain and spa called him back with offers
Went to spa
Was detained by police claiming violation of covid lock down
Spent one day at government hospital as quarantine
From there he applied for leave expecting some quarantine
Next day was expecting all clear and go home but was booked under ITP act.
Was in judicial custody for 14 days.
Didn't inform org of this as he already applied leave
Bailed with no conditions.
Stayed case within 3 months
FIR Quashed in 8 months by HC.
stayed with same org for 3 yrs
Now being considered for higher role/relocation
May involve BGV
What next?
From India, Hyderabad
Dear member,
Thanks for the clarification. The following interpretations emerge from your post:
a) The cause of your post is the incomplete work done by the BGV agency. They were able to find out that the FIR was lodged against the employee but not that the Hon'ble High Court squashed it! If they had done a complete job, then possibly, they would not have informed you about the FIR at all or would have informed a complete sequence of events!
b) If the police booked the employee under the provisions of The Immoral Traffic (Prevention) Act, 1956, then there is more to it than meets the eye. However, it remains to be seen whether the police did this for their vested interest. As the police failed to provide material evidence, the FIR could not withstand the scrutiny of the Hon'ble High Court and it was quashed.
c) Whether the police demonstrated impeachable integrity while booking the employee under the said act or not, should he have declared happenings voluntarily to the organisation? This is a delicate issue. This is because if the organisation does not have any policy or the industrial standing orders of the organisation do not mandate the employee to disclose what happens outside the purview of the organisation, then on what grounds can the organisation question him for failure to make the disclosure?
d) If the organisation has an explicit policy that states that whenever the police lodge an FIR against the employees, it is incumbent upon them to keep the authorities informed, then and then only the organisation can question the employee for failing to do so. Nevertheless, enforcement of this policy warrants consultation of a lawyer because we do not know whether it violates the employee's privacy.
Personal Feedback: - It appears that you are a junior in the HR Department and have yet to master business writing skills. I wish you had provided complete information in your first post itself. Secondly, generally, the term BGV is associated with the newly joined employees. But on reading your second post, it emerged that you were referring to it regarding internal placement. Well, gentleman, take this as a wake-up call to improve your communication skills. How to provide information and how to ask for the information is an art. The sooner you master it, the better. While raising the query on the public forum, this slipshod job may not invite rebuke, but it could from a no-nonsense MD or even a senior HR professional!
Thanks,
Dinesh Divekar
From India, Bangalore
Thanks for the clarification. The following interpretations emerge from your post:
a) The cause of your post is the incomplete work done by the BGV agency. They were able to find out that the FIR was lodged against the employee but not that the Hon'ble High Court squashed it! If they had done a complete job, then possibly, they would not have informed you about the FIR at all or would have informed a complete sequence of events!
b) If the police booked the employee under the provisions of The Immoral Traffic (Prevention) Act, 1956, then there is more to it than meets the eye. However, it remains to be seen whether the police did this for their vested interest. As the police failed to provide material evidence, the FIR could not withstand the scrutiny of the Hon'ble High Court and it was quashed.
c) Whether the police demonstrated impeachable integrity while booking the employee under the said act or not, should he have declared happenings voluntarily to the organisation? This is a delicate issue. This is because if the organisation does not have any policy or the industrial standing orders of the organisation do not mandate the employee to disclose what happens outside the purview of the organisation, then on what grounds can the organisation question him for failure to make the disclosure?
d) If the organisation has an explicit policy that states that whenever the police lodge an FIR against the employees, it is incumbent upon them to keep the authorities informed, then and then only the organisation can question the employee for failing to do so. Nevertheless, enforcement of this policy warrants consultation of a lawyer because we do not know whether it violates the employee's privacy.
Personal Feedback: - It appears that you are a junior in the HR Department and have yet to master business writing skills. I wish you had provided complete information in your first post itself. Secondly, generally, the term BGV is associated with the newly joined employees. But on reading your second post, it emerged that you were referring to it regarding internal placement. Well, gentleman, take this as a wake-up call to improve your communication skills. How to provide information and how to ask for the information is an art. The sooner you master it, the better. While raising the query on the public forum, this slipshod job may not invite rebuke, but it could from a no-nonsense MD or even a senior HR professional!
Thanks,
Dinesh Divekar
From India, Bangalore
All points well taken sir. Org doesn’t have policy in this regard. Shouldn’t the BGV co have asked for more documents before flagging the Ee?
From India, Hyderabad
From India, Hyderabad
Dear member,
In my second post, I pointed out that the BGV agency should have investigated the details of the case. They did not do their complete job. Secondly, now the Hon'ble High Court has quashed the FIR. The courts are the constitutional authorities. When the constitutional authority invalidates the FIR filed by the police, it validates the innocence of the employee.
How did you come to know that the Hon'ble High Court quashed the FIR? Did you ask for clarification from the employee?
Anyway, based on the exchanges of posts above, for future reference, make an office note and file it in the employee's file. The office note need not be sent to anyone and it can be filed with preceding correspondence with the BGV agency and the employee concerned.
Thanks,
Dinesh Divekar
From India, Bangalore
In my second post, I pointed out that the BGV agency should have investigated the details of the case. They did not do their complete job. Secondly, now the Hon'ble High Court has quashed the FIR. The courts are the constitutional authorities. When the constitutional authority invalidates the FIR filed by the police, it validates the innocence of the employee.
How did you come to know that the Hon'ble High Court quashed the FIR? Did you ask for clarification from the employee?
Anyway, based on the exchanges of posts above, for future reference, make an office note and file it in the employee's file. The office note need not be sent to anyone and it can be filed with preceding correspondence with the BGV agency and the employee concerned.
Thanks,
Dinesh Divekar
From India, Bangalore
Thank you sir appreciate the inputs. What is the advise for the employee if any you could give?
From India, Hyderabad
From India, Hyderabad
Dear member,
What advice can I give to the employee? The police filed an FIR against him when he was mourning the death of his mother. The filing of the FIR is linked to his visit to the spa. Whatever the body pain he may have had, was it advisable to visit the spa during the mourning period? The death of his mother warranted his travel to his hometown. His travel violated the COVID-19 protocol, and he landed up in police custody. Up to this point, everything seems okay. But while grieving, his pursuit of pleasure-seeking activities like a visit to the spa is unintelligible. Please note that the visit to a spa carries different connotations in one's mind.
For violation of lockdown rules, police caught him and forcibly quarantined him. But what prompted police to file an FIR against him under the provisions of a stringent act like The Immoral Traffic (Prevention) Act, 1956? Generally, the police are reluctant to file an FIR but if they did so, then they might have had compelling grounds. Can there be a smoke without fire? But perhaps the police did a poor job, and because of their shoddy work, the employee could challenge the FIR and exonerate himself at the High Court level.
Well, if one analyses this person's personality, then it can be said that he is shrewd and knows how to serve his interests well. This person is unemotional and good at looking at the situation in an analytical manner. But he cannot rely on these qualities forever. Possibly, he never thought that matter buried in his past could resurface after a few years. He should take this episode as a forewarning and walk on the path of righteousness. Abandunt religious texts are available that preach the importance of morality. It is high time for him to read a verse or two and further live by them!
Thanks,
[b]Dinesh Divekar[/b
From India, Bangalore
What advice can I give to the employee? The police filed an FIR against him when he was mourning the death of his mother. The filing of the FIR is linked to his visit to the spa. Whatever the body pain he may have had, was it advisable to visit the spa during the mourning period? The death of his mother warranted his travel to his hometown. His travel violated the COVID-19 protocol, and he landed up in police custody. Up to this point, everything seems okay. But while grieving, his pursuit of pleasure-seeking activities like a visit to the spa is unintelligible. Please note that the visit to a spa carries different connotations in one's mind.
For violation of lockdown rules, police caught him and forcibly quarantined him. But what prompted police to file an FIR against him under the provisions of a stringent act like The Immoral Traffic (Prevention) Act, 1956? Generally, the police are reluctant to file an FIR but if they did so, then they might have had compelling grounds. Can there be a smoke without fire? But perhaps the police did a poor job, and because of their shoddy work, the employee could challenge the FIR and exonerate himself at the High Court level.
Well, if one analyses this person's personality, then it can be said that he is shrewd and knows how to serve his interests well. This person is unemotional and good at looking at the situation in an analytical manner. But he cannot rely on these qualities forever. Possibly, he never thought that matter buried in his past could resurface after a few years. He should take this episode as a forewarning and walk on the path of righteousness. Abandunt religious texts are available that preach the importance of morality. It is high time for him to read a verse or two and further live by them!
Thanks,
[b]Dinesh Divekar[/b
From India, Bangalore
Based on above, he is in violation of anti-traficking policy and can be terminated.
From India, Hyderabad
From India, Hyderabad
Dear member,
What proof do you have to say that he violated the anti-trafficking policy? If the police could not provide sufficient evidence to the Hon'ble High Court, and if the court has quashed the FIR, then over and above the court's action, what justification will you have to terminate the employee?
Specific misconduct must be defined in the approved and certified standing orders of your company. The employee can be terminated only and only if the employee's misconduct is proved in the domestic enquiry. Otherwise, the employee's termination will become illegal.
Thanks,
Dinesh Divekar
From India, Bangalore
What proof do you have to say that he violated the anti-trafficking policy? If the police could not provide sufficient evidence to the Hon'ble High Court, and if the court has quashed the FIR, then over and above the court's action, what justification will you have to terminate the employee?
Specific misconduct must be defined in the approved and certified standing orders of your company. The employee can be terminated only and only if the employee's misconduct is proved in the domestic enquiry. Otherwise, the employee's termination will become illegal.
Thanks,
Dinesh Divekar
From India, Bangalore
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