Hi Sir/Madam, my name is Krishna. I received an offer from TCS two months ago; however, one of my friends completed the documentation on my behalf. In 2014, a criminal case was filed against me, but it has since been closed with a judgment of "not guilty." Unfortunately, during the documentation process, we did not mention this. When asked if I had participated in any criminal activities, I chose "No."
The HR department contacted me and informed me that my background verification was completed. They stated that due to the criminal activity, they are unable to onboard me. I have requested them politely and sent the judgment copy as well. Two days ago, they mentioned they were consulting with the legal team, but now they are not responding to any of my communications.
Please advise on what steps I should take. I have only one week left before I need to leave my current organization.
From India, Bengaluru
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The HR department contacted me and informed me that my background verification was completed. They stated that due to the criminal activity, they are unable to onboard me. I have requested them politely and sent the judgment copy as well. Two days ago, they mentioned they were consulting with the legal team, but now they are not responding to any of my communications.
Please advise on what steps I should take. I have only one week left before I need to leave my current organization.
From India, Bengaluru
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Mentioning Criminal Cases in Job Applications
You ought to have mentioned the criminal case against you and its verdict in your favor. Your failure to mention it can be viewed as suppression of fact, and the prospective employer may conclude that you are not dependable, even though the criminal charges against you were dismissed by the court. It might be better to wait for their decision for a few more days.
From India, Salem
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6108You ought to have mentioned the criminal case against you and its verdict in your favor. Your failure to mention it can be viewed as suppression of fact, and the prospective employer may conclude that you are not dependable, even though the criminal charges against you were dismissed by the court. It might be better to wait for their decision for a few more days.
From India, Salem
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Dear Mr. Umakanthan M,
Sir, in your first reply, you stated that non-disclosure of the closed case is a "suppression of material facts." However, we need to check this. The suppression of material facts would have occurred only if the candidate had not disclosed the details of the legal case which was in progress. In this case, the court has acquitted the job candidate. Therefore, why provide details of a closed case with a verdict in favor of the applicant?
For Krishna Mutchanakka: Do you remember what exactly was asked in the application? Were you required to provide details of the closed case?
I recommend writing a letter to the highest authority of the Bangalore office of TCS, explaining the facts in sequence. Attach the court verdict to your application. Send the hard copy by Speed Post. Scan the hard copy, including the Speed Post receipt, and send it by email. Hopefully, the senior authority will make a fair decision.
Thanks,
Dinesh Divekar
From India, Bangalore
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Sir, in your first reply, you stated that non-disclosure of the closed case is a "suppression of material facts." However, we need to check this. The suppression of material facts would have occurred only if the candidate had not disclosed the details of the legal case which was in progress. In this case, the court has acquitted the job candidate. Therefore, why provide details of a closed case with a verdict in favor of the applicant?
For Krishna Mutchanakka: Do you remember what exactly was asked in the application? Were you required to provide details of the closed case?
I recommend writing a letter to the highest authority of the Bangalore office of TCS, explaining the facts in sequence. Attach the court verdict to your application. Send the hard copy by Speed Post. Scan the hard copy, including the Speed Post receipt, and send it by email. Hopefully, the senior authority will make a fair decision.
Thanks,
Dinesh Divekar
From India, Bangalore
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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
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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
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Dear Krishna, If the company specifically asked for information on the closed case and you did not disclose the details, then it amounts to "suppression of material facts." For suppressing the material facts, the company is now looking at you suspiciously. Removing the doubt will not be easy. Take this as a lesson and continue your job search. All the best!
Dinesh Divekar
From India, Bangalore
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Dinesh Divekar
From India, Bangalore
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Now you cannot do anything other than wait for a reply from TCS. You have sent correspondence to TCS, explaining how you misunderstood the line. If possible, for a better result, you can meet with 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 in time. I was already acquitted of the charges by the Honorable Court and found not guilty. There was no intention to suppress the fact; this can be considered as my insensibility.
There is no doubt that you have concealed the fact, and the outcome is now evident. I hope you will take this in a positive light and consider it a lesson for the future.
From India, Mumbai
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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 in time. I was already acquitted of the charges by the Honorable Court and found not guilty. There was no intention to suppress the fact; this can be considered as my insensibility.
There is no doubt that you have concealed the fact, and the outcome is now evident. I hope you will take this in a positive light and consider it a lesson for the future.
From India, Mumbai
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Hi, I have shared the copy of the judgment with TCS long ago. The case has been disposed of, and the judgment is "not feeling guilty." Now, what HR is saying is that in this judgment copy, we have the judgment for only one section, but the actual field sections are three. We don’t have the judgment for the other two sections, they said. My lawyer says, "Krishna, one case was filed against you, and we have the judgment copy of it. The other sections have been removed due to non-avoidance. We will not be getting individual judgments."
Now, HR is saying there are two sections still in open status. HR is asking for document proofs, and they are not sure what documents they need. I don’t know what documents I have to submit. Will affidavits or notary help us? Please suggest what to do.
From India, Bengaluru
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Now, HR is saying there are two sections still in open status. HR is asking for document proofs, and they are not sure what documents they need. I don’t know what documents I have to submit. Will affidavits or notary help us? Please suggest what to do.
From India, Bengaluru
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We are not sure which application they are using to check these case details, but the case has been disposed of long back.
The HR team is not able to understand the judgment, and the legal team is asking whether I can get any documents from my local police station. Please suggest, sir.
Awaiting your response.
From India, Bengaluru
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The HR team is not able to understand the judgment, and the legal team is asking whether I can get any documents from my local police station. Please suggest, sir.
Awaiting your response.
From India, Bengaluru
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Dear Krishna,
Reply to your post serial number 10:
I recommend you visit the court personally and talk to the officer. Submit the written application. The officer concerned will either share the complete copy of the judgment or deny it. However, forward the same letter to TCS.
If the officer is not cooperative, try escalating the matter. Otherwise, follow the route of filing an RTI query as well. They will be forced to reply to your application.
The next step is to take a certificate from your lawyer stating that withholding the disclosure of the other two sections is a common court procedure.
Lastly, yes, you may submit an affidavit. But attach the reply from the court as well as the certificate from your lawyer to the affidavit.
Reply to your post serial number 11:
Yes, you may visit the police station that had filed the case. Of course, the local police station will not have any documents, but check whether their legal department has a copy of the judgment. Try acquiring the certificate from them as well.
Feedback on your writing skills:
Well, gentleman, raising the query on the public forum is one thing; nevertheless, you cannot abdicate yourself from writing professionally. The way both posts are written is nothing but egregious of the highest kind. You had written the phrase "disclosed" at several places. I have converted it into "disposed of." Does it take great hard work even to check the dictionary? IT professionals have a tendency to show their high-handedness and always say that their industry is superior. In fact, your posts display not superiority but inferiority. Please improve your English on priority. Do not come up with excuses that you had studied in a vernacular language medium.
Thanks,
Dinesh Divekar
From India, Bangalore
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Reply to your post serial number 10:
I recommend you visit the court personally and talk to the officer. Submit the written application. The officer concerned will either share the complete copy of the judgment or deny it. However, forward the same letter to TCS.
If the officer is not cooperative, try escalating the matter. Otherwise, follow the route of filing an RTI query as well. They will be forced to reply to your application.
The next step is to take a certificate from your lawyer stating that withholding the disclosure of the other two sections is a common court procedure.
Lastly, yes, you may submit an affidavit. But attach the reply from the court as well as the certificate from your lawyer to the affidavit.
Reply to your post serial number 11:
Yes, you may visit the police station that had filed the case. Of course, the local police station will not have any documents, but check whether their legal department has a copy of the judgment. Try acquiring the certificate from them as well.
Feedback on your writing skills:
Well, gentleman, raising the query on the public forum is one thing; nevertheless, you cannot abdicate yourself from writing professionally. The way both posts are written is nothing but egregious of the highest kind. You had written the phrase "disclosed" at several places. I have converted it into "disposed of." Does it take great hard work even to check the dictionary? IT professionals have a tendency to show their high-handedness and always say that their industry is superior. In fact, your posts display not superiority but inferiority. Please improve your English on priority. Do not come up with excuses that you had studied in a vernacular language medium.
Thanks,
Dinesh Divekar
From India, Bangalore
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Legal Clarification on Termination for Criminal Case & PF Contribution Reduction.pdf
HR Case Judgment.doc