Navigating Employment Joining with a Pending Dowry Case: Legal Insights and HR Considerations

Hi,

I have been selected as a Probationary Officer (PO) in Bank of Baroda recently, but a case of dowry has been registered against me. However, there has been no detention or arrest yet. I am unsure whether I will be able to join or not. Can you please suggest what I should do? I am very tensed and seeking guidance.

Please help me and provide me with proper guidance.

Thank you.

Dear Rohit,

Congratulations on clearing the Bank PO Exam!

Notwithstanding your marital troubles, passing a competitive exam is no easy task. This shows that you have the ability to concentrate on your career, and domestic troubles do not put you in emotional turmoil. Kudos to you! Keep it up!

At the time of joining government or semi-government organizations, there are a lot of forms to be filled. Among these forms is a declaration of any court case against you. Do not hide the fact that a court case is in progress against you. Making a formal declaration at the time of joining will keep things in proper perspective.

However, if you are the respondent, court hearings may take place during your training. It is important to check with your lawyer if your attendance is mandatory at these court hearings. Additionally, even after the completion of training, you could be posted in a city other than where the court case is ongoing. This could pose a challenge for you in attending the court proceedings.

In the meantime, consider working on marital reconciliation. If this does not succeed, consider mutual divorce. This could help resolve all your problems.

All the best!

Dinesh Divekar

In addition to what Dinesh has suggested, if it's only a dowry case that's filed, it's entirely under your control. Please settle it as early as possible before it spirals into several other areas. Your career will find its way once you are free of the court's verdict. Offer an out-of-court settlement at any cost. No matter whatever price you pay now, you have the rest of your life to earn it.

Don't wait for the next court summons to reach you, hire a top advocate and settle it by paying whatever amount the bride's family has mentioned in the summons. Buy peace at any cost and then work your way up in your career. Dowry cases have a nasty way of spiraling into every wrong tangent.

Wishing you an early relief!

The two replies by learned members are very useful and informative. Settling a dowry dispute can be difficult. The case may be false, and out of anger, the demand for settlement may be very high. However, taking advice from a qualified lawyer dealing with the subject matter is very important. Never hide the fact from the employer that a case has been filed against you. Under which section of the IPC has the case been filed? - 498A?

Thank you to all the members for your suggestions. However, my wife is not ready for mutual settlement. She knows about my job, which is why she is intentionally torturing me.

If you are familiar with the HR policies of a public sector bank, please suggest to me whether the bank would allow me to join in such a scenario.

To answer this query, details of accusations and the status of the investigation or judicial process against you would be relevant.

A lot of queries arise - when was the case registered, did the police find anything against you, is a chargesheet filed, etc. The bank will examine all these details first when you inform them of the case.

Merely the pendency of a criminal case in the nature of a dowry case is not an impediment in joining a public post. Refer to Vineet Kumar v. UOI, CAT, Lucknow in OA 331 of 2011. However, you must make all declarations correctly. When you file a petition under section 482 CrPC before the HC for quashing the petition, generally, a senior advocate may persuade the HC to compel the woman to compound on the terms it finds suitable.

Thanks,

Sushil

In the case of Days Sankar Yadav v. Union of India decided on 24.11.2010, the apex court also held that in a case of an offense of a technical nature or of a nature which would not affect the declarant's fitness for employment, it does not affect his joining employment. The dowry case can be considered to fall in the latter type of cases.

Thanks,
Sushil

Good advice is being rendered by learned members.

All depends on the nature of the complaint or case.

I could not resist mentioning that the filing of many cases by women under Section 498A of the IPC has been held by the Delhi High Court in Nidhi Kaushik v. UOI to be exaggerated versions, which, when cooled down, are withdrawn later. In continuation of the earlier note, such cases could not be considered of a serious nature regarding determining the fitness of a person for the post. Even a matrimonial dispute under Section 12 of the DV Act was not to be treated as an offense under the said case. The competent authority has to consider these factors at the time of permitting such an applicant to join.

Thanks,
Sushil

It all depends on how the bank management is going to treat your case when they see your declaration on reporting. In the first instance, they'll assign you to training, and after this stint, you may be appointed to branches. It may be necessary to discuss the matter beforehand with the concerned HR at the reporting bank and take their advice. Whatever we opine, it might not help you solve your immediate problem. For now, you should file your plea in the High Court seeking to quash her petition.

How long have you been married, and are there any issues? Is this case filed with the police or pending in court? Is it a civil suit for divorce and a claim for maintenance, or a criminal petition against harassment?

Thank you to all for your valuable suggestions.

I want to mention one more thing. When I filled out the online banking form, there was no column related to any pending case or FIR against me. However, there was a column regarding any conviction, detention, or arrest, which has not happened to me yet. I have obtained anticipatory bail. I have discussed this with some bankers, and they have informed me that there shouldn't be any problem in joining because I am not convicted. Is that correct?

Regards,
Rohit Sharma

Still, my advice would be to inform your bank about the pending case during joining formalities. Hopefully, the case will die a natural death.

So far, the queries gave the impression as if the employer knew about all these, and the question was whether the employer may decline him to join the job. But now the query is different. The fact is that the attestation form has already been filled up with answers in the negative.

In this regard, reference may be made to an Allahabad High Court decision referred to in paragraph 10(4) of the above-quoted Vineet Kumar case of the Central Administrative Tribunal (CAT). It was held that where a Government Order does not require furnishing information on an issue, the appointee is not required to furnish information on it. Now, at this juncture before joining, the querist gives the information which was not demanded by the employer. God knows which officer takes what sort of stand in which case the appointee will not be heard to give his view. The employer may decline his joining, and then God knows for how much time the querist may remain out of employment. He may have to fight a case to allow him to join. The trend of corruption in the country is known to everyone. Thus, the appointee will be deprived of his salary for how many years! Who is going to compensate him? Whereas if he joins and later any issue crops up, then he can fight while in the job.

Thanks,

Sushil

Sushil,

My worry is when and if the case suddenly comes up, will the department keep quiet and not ask him questions. There is a column for arrest, detention, etc., against which the querist has taken anticipatory bail. There are complex issues in this case. I am indeed surprised there is a column for arrest/detention but no column for details of any pending criminal cases. Somehow, I feel there is a gap in information being provided.

Anticipatory bail means bail in anticipation of arrest. If the need arises to arrest, then the order of anticipatory bail comes into operation. See the Balchand Jain case decided by the Apex court.

In matrimonial cases, even if an FIR is registered after mediation fails before the Crime Against Women cell, it is important to note that the mere making of a complaint does not constitute an FIR. Thus, information regarding mere involvement in a case is not demanded by the employer, and one is not supposed to provide more information than requested in a prejoining case, as discussed above (see Vineet Kumar case).

Sometimes, the furnishing of uncalled-for information can be more damaging, as discussed above.

Thanks,
Sushil

The case is presumably still with the police; the queriest has not revealed the 'grounds' of the case/FIR, except 'it's for dowry,' and he has taken AB. For the present, he has temporary relief. But what happens if the FIR contains some 'non-bailable' sections and action on these lines is pursued? Of course, there is no immediate block for him to report. What happens when he is to be served summons and warrants of arrest in due course? Continuing in his job itself will be in danger, though his bail could come in handy. Better he should consult a practicing advocate and move on.

I think the queriest is not satisfied with our replies above and has posted the same query in a separate thread today. This shows the smartness of the young generation.

Thanks