Jithu (Student) 23 March 2015

Summons recieved after joining for employment

Sir,

Let me explain my scenario, i joined a psu bank on september 2014. I am on probation for 2 years. However on January 2015 i received a summons for a fight that happened during college elections on my college days. The case is a frivulous one and the offences are bailable. I am about to take bail within a few days.

Before getting this summons i had no idea that i was in a criminal case. One of the guys who joined with me also had a similar problem however he was arrested before and the case was pending even before his employment and it involves s*xual harrasment etc. grave charges. However the case is still pending..

Now the thing is that he is being terminated on the gorund that he has suppressed the fact that he was facing criminal charges at the time of joining.

Now I am afraid wether i will be terminated too. But the thing is that i came to know that i am about to face criminal charges only after getting this summons which was after my apointment. At the time of appointment i had no idea that i was involved in a criminal case.

So the question is can i be terminated even though i had no idea about this case until i got the summons on January 2015.

Kindly advise me.

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5 Replies

kavksatyanarayana (subregistrar/supdt.(retired)) 23 March 2015

any employee after joining into the bank, the bank authorities may obtain antecedents of such employee before confirmation into bank. after receipt of the information, they will take necessary action as per rules.

this is for information only.

Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India) 24 March 2015

Sir, Not be problem.for you .... Regards Kapil Chandna Adv 9899011450

T. Kalaiselvan, Advocate (Advocate) 27 March 2015

No doubt you were not remanded so far which may render suspension or even termination if the remanded period in the jail is more than 48 hours. First of all you get anticipatory bail and challenge the case properly and concentrate on getting acquitted. As far as your employer (bank) is concerned you cannot claim innocence about the pending case because it is not a sudden development, you should have followed it up but you were ignorant then hence did not bother about it. If you are asked to give explanation by a notice, you should mention the facts and seek to condone your omission to inform the employer about the same at the time of recruitment due to your innocence. Consult a local lawyer and discuss about the further issue and take wise decision soon before being served with a notice by the employer.

1 Like

Jithu (Student) 01 April 2015

Thankyou for your studied response sir @ Mr.T. Kalaiselvan.

I have got bail and the case is now ongoing. while taking bail the magistrate told me that he could compound the offence and ask me to pay fine if i agreed to plead guilty. I am not sure about it as the service rules clearly say that i should not be convicted.

T. Kalaiselvan, Advocate (Advocate) 01 April 2015

If they are chances for compounding the offence and let off by paying fine, it may not be considered as conviction to the extent to hamper the employment, you may look for the opportunities favoring you as per the given situation and also take advise of your lawyer without fail before making any move in this regard.