Can My Job at Tata Be at Risk Due to a Pending Criminal Case Filed by My Girlfriend?

My girlfriend lodged a criminal case under 376. Though the case is pending trial, I have joined the Tata group. Can they terminate my employment on the grounds of the case pending against me?

In this situation, it is important to seek legal advice to understand the implications the pending case may have on your employment with the Tata group. It is advisable to communicate openly and transparently with your employer about the situation to address any concerns they may have.

Disclosure During Selection Process

The section under which the charge sheet has been filed is for a serious offense. Nevertheless, the question arises: during the selection process, did TCS check with you regarding your involvement in the court case? If yes, then what kind of disclosure have you made? Have you withheld any information?

Please confirm.

Thanks,

Dinesh Divekar

Dear Mohsin, if the company did not ask for any information related to the criminal case against you, then you are not at fault. Indian jurisprudence operates on the dictum "nobody is guilty till it is proved." Therefore, as of today, you are innocent.

Thanks,

Dinesh Divekar

If BVG was done properly, this fact, a criminal case could have surfaced. However, it was unethical on your part to suppress this material information. If the Tata company later comes to know about this case, you are running the risk of losing employment on the grounds of suppressing material information, and the clause to this effect is generally included in the Employment Application form as a part of a declaration.

Of course, you have the option now to sleep over it for the time being and face it as and when it comes. Your moral fiber will guide you to do whatever you consider right.

Regards, Vinayak Nagarkar HR and Employee Relations Consultant

Suggestions for Handling Pending Criminal Cases in Employment

The suggestions to the query fall under two counts:

Firstly, if during the process of selection and appointment, you were required to furnish information about pending criminal cases and you did not provide correct or complete information, the lapse amounts to 'suppression of information'. Such a lapse indicates a deficit in integrity and is certainly misconduct.

Secondly, if the trial ends in conviction, the offense involves moral turpitude, and you are liable to be terminated.

However, the facts posted suggest the complaint has stemmed from a physical relationship with the alleged promise to marry. In the present days of live-in relationships, the courts are adopting a rather liberal attitude, especially if the girl is no longer a minor and well-educated, being well aware of the consequences of her consenting act.