NIDHI JAISWAL
(Querist) 28 July 2014
This query is : Resolved
Can a Deemed university refuse the joining of a faculty who is under criminal proceeding of sec 498 .
Guest
(Expert) 28 July 2014
As a matter of good conduct of employees and maintenance of proper discipline within the organisation, not only a deemed university, but also any other organisation would also not prefer to join a tainted candidate as its employee, more particularly that who is being sued under sec.498a.
Only honourable exoneration by the court is the remedy to claim the job.
NIDHI JAISWAL
(Querist) 28 July 2014
Thank you sir for your expert advice .
Guest
(Expert) 28 July 2014
You are welcome.
Devajyoti Barman
(Expert) 28 July 2014
All accused persons until proved guilty is considered to be innocent.
Sudhir Kumar, Advocate
(Expert) 29 July 2014
I would have agreed with Mr Barman if it was not a service matter.
However in service jurisdiction all accused have to be presumed guilty till proved innocent.
As far as dowry related offences are considered as per Govt conduct rules (generally followed by universities) the accused can be suspended from service on mere FIR against him and departmental action can be taken without waiting for outcome of criminal proceedings
malipeddi jaggarao
(Expert) 29 July 2014
Mr.Dhingra's advice is practical. Mr.Barman's advice is legal. But you can not force the university authorities to allow joining. You will have to start the legal battle with them before your joining! Choice is yours.
ajay sethi
(Expert) 29 July 2014
agree with Dhingraji
V R SHROFF
(Expert) 29 July 2014
agree with Dhingraji
Raj Kumar Makkad
(Expert) 29 July 2014
I have similar opinion as of Dhingra Sir.
R.K Nanda
(Expert) 29 July 2014
nothing to add more.
T. Kalaiselvan, Advocate
(Expert) 31 July 2014
The said deemed university may be having their own set of employment rules, the offer for an employment will be on agreement to the T & C of the organisation,so there cannot be any reason to raise a fuss over it after that.
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