Accused acquitted case effects on employee background check india

PRABHAT RANJAN MOHANTY
Dear friend,
I have gone through your posting as well as sugestion and opinion provided by the community members.
As you have used word ''acquital" which means, concerned is free from all charges filed against him. As has got divorced and paying alimony as settled by the court, is well speak of the case. Once annulment is granted by the court, the status of the parties remains as it was prior to the marriage(Single). There is no need to make any disclosure on this count, if not asked for by the employer.
The best suggestion is to stay away from evil thoughts as has been free from charges and best proof is the court order. But if the candidate remains insecured inside in a sence of guilty may create disturb. He is not one of this kind there are many in numbers and they pull good carrier with MNC's.
KK!HR
Just to clarify the position, acquittal need not mean totally exonerated. Acquittal could be - acquit the person unconditionally, in other words, it is a simpliciter acquittal or honourable acquittal as we know it. But it could also be acquitting the person by extending the “benefit of doubt” or due to the failure of the prosecution side to prove the guilt “beyond reasonable doubt”, which is what happens in most of the Indian criminal cases based on what is known by the age old maxim “innocent until proven guilty”. Definitely, acquittal on benefit of doubt carries stigma throughout one's life, and has civil consequence, particularly in public employment. So also, it needs to be pointed out that he was charged under sections related to breach of trust, a character flaw in the personality and this is not a typical marital discord matter.
neha-sinha
HI KK HR... So what he needs to do here... is there chances that his job offer get revoked... as per him he didn't committed any crime or cheated his wife...
His wife field wrong FIR with help of her political connection and mentioned that he cheated her for Gold chain and ring worth rupee (45k) where he him self ears 90k Monthly.
please find attached court order i have removed personal details.
Please suggest
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neha-sinha
Please find all case details and suggest what can be out come
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KK!HR
A perusal of the relevant extract shows that the acquittal is honourable and there is no trace of stigma against the accused concerned. So the conduct is blemish-less and there does not lie any adverse inference.
As regards disclosure for employment purposes, it is not needed unless there is a specific mention of involvement in judicial/criminal proceedings (Not generally sought by MNCs whereas in Govt. Sector/PSUs it is invariably included). So you need not entertain any misapprehensions in this regard.
neha-sinha
will this case create any issue in getting passport or in VISA process?
gannahope
Yes your quiery is very much apt to newer generation.
Family members cases like property adultery 498 a dowry harrassment wife and relatives assault civil or criminal cases do not affect livelihood of employment of the employee untill he was not penalised...mere accused no..so and so...is noway connected with removal untill and unless proved allegations...
Untill he or she discharges duties satisfactorily there was no question of removal by employer. If it is done it will be legalyy challengiable also.
When in the case of new appointment there is equal chances nothing to hide or nothing to say..
Why because the new employer may take your case cool or hot....
So its better to move without knoweledge of your employer....its ageneral psychology of human...how one canlive untill dispose of that false case by his wife.
I saw one case..
Wife put a dowry case on her husband who is a sugarfactory employee..
He also put a case on her assault case..she is also working as steno in a firm..
Both did not removed...later after some years the cases aquitted as false cases.
So emotional family dispute civil or criminal c ases ..mere accusal can not be taken into consideration.by employers considering human approach if he or she is our family member shall we lose him or her...
Ok do it as per moods
of your new employer...positively
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