Termination on grounds of pending case - My girlfriend lodged a criminal case under 376

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?

Dear Mohsin,

The section under which the charge sheet has been file is for a serious offence. 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

Sir it is not for TCS. No information was asked at the time of joining.

Dear Mohsin,

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

Thanks,

Dinesh Divekar

Dear Colleague,

If BVG was done properly, this fact criminal case could have been surfaced.

However, it was unethical on your part to suppress this material information. If the Tata company later comes to know this case, you are running the risk of loosing the 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 declaration.

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

Regards,

Vinayak Nagarkar
HR and Employee Relations Consultant

The suggestions to the query fall under two counts -

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

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

However, the facts posted suggest the complaint has stemmed from because of physical relationship with the alleged promise to marry. In the present days of live-in relationship, the Courts are adopting a rather liberal attitude esp. if the girl is no longer a minor and well-educated who could have been very well aware of the consequences of her consenting act.

Dear Venu ,

Nowhere the poster suggested the complaint stemmed from physical relationship as understood by you.It is fragment of your imagination.Therefore, what follows from you by way of suggestion does not hold water.

Regards,
Vinayak Nagarkar
HR and Employee Relations Consultant