Termiation For Facing Criminal Trial - Possible? - CiteHR
Umakanthan53
Labour Law & Hr Consultant
Psdhingra
Legal Analyst, Hrm
Pvenu1953@gmail.com
Retired Government Servant/advocate
+1 Other

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hi all, one of my friend facing criminal trial but he is working with TCS.what would be impact on his career?? Can TCS terminate him?
please provide TCS termination policy ... can TCS terminate the emp. on ground criminal case pending against him.
It depends on the service regulations or the standing orders of the establishment. Normally, just facing a criminal trial can not be a valid reason for termination of employment.
Pendency of a criminal case won't affect service till judgment in the case. But if not exonerated honourably of the charge, your friend can get terminated or even dismissed.
About termination policy of TCS, your friend must have got terms & conditions of his appointment through the offer letter of the TCS. He may read the same or refer to employees manual prepared by the company for detailed guidance.

Pendency of a criminal case won't affect service till judgment in the case. But if not exonerated honourably of the charge, your friend can get terminated or even dismissed.
About termination policy of TCS, your friend must have got terms & conditions of his appointment through the offer letter of the TCS. He may read the same or refer to employees manual prepared by the company for detailed guidance.

Dear member
In case if any employed involved in criminal case for the acts done in outside the co., it comes under the moral turpitude. After pronouncement of the judgment, if the case is proved, if imprisonment is given, then they may terminate you from service.
If the case is for while in service/while on duty criminal act, then they can immediately suspend you from service by giving a charge sheet cum suspension order. The police case can also be filed against you, in such case the police trial as well as company domestic enquiry goes on simultaneously. If proved in the enquiry, the company will terminate your service.

Any suggestion to this query depends upon the nature of charges framed, the policy of the company in this context and the final decision of the court. However, the following basic legal concepts could be relevant - an accused in a criminal case is presumed to be innocent unless proved otherwise; even an acquittal in a criminal case esp. on benefit of doubt do not entail that accused was not the wrongdoer. The employer can take a different view of the proceedings after affording the employee a chance to show cause. Even if convicted, the continuation in job may not be affected if the offence, as proved, is minor and did not involve moral turpitude.
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