Anonymous
Hi Sir/Madam, My name is Krishna, I got an offer in TCS 2 months back, However, one of my friends completed the documentation.
A criminal case has been filed against me in 2014, however, the case has been closed the judgment is Ė not feeling guilty. However, while doing documentation we didn't mention it. Have you participated in any criminal activities Ė I chose "No".
HR called me, Said that your background verification is completed, and due to your criminal activity we are not able to on-board you - he said.
I have requested him in a polite manner and sent the judgment copy as well. Two days he said I am talking with the legal team. Now he is not responding to anything.
Please help me with what to do. I have hardly one week to leave my current organization.

From India, Bengaluru
You ought to have mentioned the criminal case against you and its verdict in favour of yourself.
Your failure to mention it can be viewed as suppression of fact and the prospective employer may come to the conclusion that you are not dependable though the criminal charges against you were dismissed by the Court.
Better wait for their decision for some more days.

From India, Salem
Dear Krishna,
So far as I understand, if the top brass take a wrong decision out of a negative mind set, either out of fear or to win confidence, people in the lower rung hesitate to point it out but blindly implement the decision howsoever wrong or unethical it is. Such a thing happens invariably in recruitment matters. Just like in mortgage industry where a straight and hassle-free legal opinion is only required on the properties to be mortgaged, most of the private employers prefer only very clean BGV reports and the HR people also simply endorse such reports without any independent application of mind. Therefore, it is better to safeguard your present job for always a bird in the hand is worth two in the bush.

From India, Salem
Dear Mr Umakanthan M,

Sir, in your first reply, you have stated that non-disclosure of the closed case is a "suppression of material facts". However, we need to check it. The suppression of material facts would have happened provided the candidate had not disclosed the details of the legal case which was in progress. However, in this case, the court has acquitted the job candidate. Therefore, why to give details of a closed case whose verdict was in favour of the applicant?

For Krishna Mutchanakka: - Do you remember what exactly was asked in the application? Did they ask you to provide the details of the closed case also?

I recommend you write a letter to the highest authority of the Bangalore office of TCS and explain the facts in sequence. Attach the court verdict to your application. Send the hard copy by Speed Post. Scan the hard copy including the receipt from the Speed Post and send it by email. Let me hope that the senior authority takes an evenhanded decision.

Thanks,

Dinesh Divekar

From India, Bangalore
Hi sir,
Yes , they asked in the application.
CRIMINAL CONVICTIONS
Are you involved in any pending and / or closed Civil / Criminal / case / proceedings / charges / enquiry prior to joining TCS ?*
No- we have mentioned

From India, Bengaluru
Dear Krishna,
If the company specifically had asked for the information on the closed case and if you did not disclose the details of it then it tantamount to "suppression of the material facts".
For suppressing the material facts now the company is looking at you suspiciously. Removal of the doubt will not be easy.
Anyway, take it as a lesson and keep your job search on.
All the best!
Dinesh Divekar

From India, Bangalore
Thanks for your help and suggestions.
From India, Bengaluru
Dear Krishna,
Now you can not do anything other than waiting reply from TCS.
You send a correspondence to TCS, that how you misunderstood the line(If possible for a better result you meet the authority and clarify) ;
CRIMINAL CONVICTIONS
Are you involved in any pending and / or closed Civil / Criminal / case / proceedings / charges / enquiry prior to joining TCS ?* My reply was "NO" , Since there was no case pending against me at that point of time, already acquitted from the charges by the Hon'ble Court not Guilty. There was no such intention to suppress the fact, this can be considered as my insensibility.
There is No doubt on it that you have concealed the fact and the out come is before you. Hope you will take it in positive note and a lesson for the future world.

From India, Mumbai
Hi sir, Yes, what you said is correct sir ,Currently I am trying to safeguard my present job
From India, Bengaluru
Hi sir,
I have shared the copy of the judgement with TCS long back. The case has been disposed of, judgement is - not feeling guilty
Now what HR saying is in this judgement copy we have the judgement for only one section, but the actual field sections are three, we donít have the judgement for other two Sections he said. My lawyer saying is - Krishna one case field against you and we have the judgement copy of it . Other sections has been removed due to non avoidance. We will be not getting individual judgements .
Now the HR is saying there are two sections are still in open status. HR is asking for document proofs and they are not sure what documents they need, I donít know what documents I have to submit.
Will affidavits or notary will help us sir..? Please suggest me what to do sir.

From India, Bengaluru

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