What should i do with this intern, a girl filed case against him ?! - CiteHR
Dinesh Divekar
Business Mentor, Consultant And Trainer
Gannahope
Deputy Commissioner Of Labour..a.p.
Nathrao
Insolvency N Gst Professional
Aks17
Compliance Manager

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I had hired a intern, a engg grad from reputed college in india. He was jobless for 2 yrs as trying diff exams and lack some training. His parents are apparently bangladeshi migrant and belong to poor background.
After a week of joining, he called that police has caught him as a girl blamed for touching and following. He said please bail me out as i dont want to call parents or friends for such matter. I tried a bit reluctantly , my lawyer initially called police but when told that case has been filed....he suggested to not interfere in such matters.
Now he has returned. He told the story and said his parents and sister came to bail out. He dont even recognise the girl. He requested the police to settle matter but police says that girl is dangerous, she can also file case against police officer if they try anything beyond duty. (She asked police to show his ID, when a police came to rescue her after her loud shout for help/ police) . I hate people who misbehave with women and understand the terror and damage it creates to individual and society. Such migrants are hated world over. I am happy that my intervention did not work. I dont know the situation and wont want to be part of it. I feel he might be guilty.

He is a promising candidate and learns fast. Looks hardworking. I needed such guy for long term and found after long search. My partner is reluctant to keep him. I am not sure, we dont have female staff. How to keep /fire him ?

Dear member,
The incident that you have quoted relates to your employee. However, the incident has happened out of workplace. For whatever happened, the police complaint has been filed. Therefore, matter is under investigation.
As of now we cannot judge whether your employee is guilty or not. That is for the court to decide. However, Indian jurisprudence says "nobody is guilty till it is proved". Against this backdrop, you may continue his employment.
Recently, Supreme Court acquitted 2 persons. They were punished by lower courts for gang rape. Click the following link to refer the news:
https://timesofindia.indiatimes.com/...w/65615121.cms
By the way, I appreciate your moral standing about women. World should be a safe place for women to live. But then what about our lawmakers? About 36% of them are facing criminal charges yet continue to be people's representatives and they take perks too. Click the following news to refer the news:
https://timesofindia.indiatimes.com/...w/63261553.cms
Against this backdrop, your employee's removal from employment could be biased behaviour. However, final call is yours!
Thanks,
Dinesh Divekar

Dear Colleague,
This intern seems to have been involved in serious offense and pending further action by the police, has perhaps returned to job while on bail.
You may give him one fair
chance to work on the condition that if he is found guilty in the police cars , he would be discharged . He has to agree to this and state in writing.
This is suggested on the basis of your input that the person is good performer and except for this black spot, you would have retained him.
Regards,
Vinayak Nagarkar
HR- Consultant

@Vinayak Nagarkar
yes...out on bail. Probably touched a young woman inappropriately with hand from behind while walking...in a shopping mall (Sorry for details ) .

The organisation must wait for case to conclude before any decisions is taken.
The employee may get acquitted.
The case appears to have lot of loopholes.( a good lawyer can help)
Employee was in a mall and may be by mistake in crowds ,the lady got touched and she had mistaken it.
There are many possibilities, including the person had bad intentions.
Only court can decide based on evidence.
Wait and then decide as per situation.

@Nathrao
I understand. Intern's lawyer told that he has to appear at every hearing and after 4-5 hearings, generally girls stop attend hearings .Depends if there is CCTV or not. May be he would get to pay some fine and case may remain inconclusive.
Moreover, intern may not remain long term, as he would feel fear , whether he is guilty or not.

Hi
It is better as someone has suggested in these columns, that the employee may be allowed to continue provided he gives an undertaking that the present charge of the police with regards to the molestation, if proved, shall lead to the discharge from employment.
It is good that we do not judge people by what either he says or the victim/complainant says. It is not within our purview nor interests, let the concerned investigation team conclude and take it to a logical conclusion.
You may ask the employee to furnish the details once the case is concluded, either way.
Thanks and Regards

how can i take update of the case without asking him...i know the police station where it was filed....which court in kolkata handles this ? ....if it happened in central kolkata.....which court website keeps such update ?
Sir Futile effort...you have been unnecessarily want to safeguard him.
The total story you narrated is waste of time.sir
There are lakhs of unnoticed intelligent Indian nationals struggling for jobs..
Some facts seem to be you have not tell.
Leave it we don't bother. Such fellows are so many...police won't suspect all only some truth is there for their activities. So don'twaste ur precious time on silly things at all..there is large scope to help so many unemployed sincere poor youth of India OK sir pls. Observe Doctors...they give treatment those health may recover..unless they ignore as leftover case of patient body won't respond to medicines.. The case may be sympathetic but God is the saviour of All.

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