Criminal record in probation period of a bank job


Sir if i join a psu bank and in probation period any case registered against me then what happened??
Am i terminate from the job??
 
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Advocate

Without disclosing the facts, how you expect the reply? What kind of criminal case? disclose all clear

 
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False dowry and domestic violence case...
 
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Advocate

No problem for your carriers or employment. Seeking local lawyer and face the case and contest,

 
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ADVOCATE

if you feel that your wife is going to file a false case against you, hire a good criminal lawyer and get an anticipatory bail. This will help you and your family members from getting arrested. 

 
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Dy Director

You are in trouble.

 

first of all pendancy of criminal case will be a hurdle in clearing probation .  It doe snot matter whether charges are true or false.

 

Secondly if arrested and in custody for 48 hours you are deemed suspended and this will be another bar in clearing probation.

 

Thirdly, for a govt employee (including PSU) allegation of dowry demand is a professional misconduct in addition to a criminal allegation. In such case the bank can (rarely govt organisation exercise this right) without waiting for finalisation of the court case , initiate departmental action and on completion of inquiry can pass an order of any penalty including dismissal (iof not otherwise terminated due to non-clearance of probation).

 

So kinldy do not remain in any misconception that nothing will happen to career.

 
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 Hello!  

A probation period is a period of interim employment where the employee is kept under whether he suits the job and it is on the employer to decide whether to continue the employment or terminate the employee. There is no specific law or guidelines that regulate and control the management of probationary employees. However, there have been various judgments where the courts have laid down the conditions and procedure for the termination of probationary employees.   

The courts have held that in case of termination the order given by the employer should not be stigmatic which means it should not mention anything that is defaming. In  Pavanendra Narayan Verma v. Sanjay Gandhi PGI of Medical Sciences, the court held that if an order finds an employee guilty of moral turpitude or misconduct, such order will punitive.  

In cases of commencement of criminal case against a probationary employee, it is left to the department to decide whether there is an effect of such criminal case on the terms of employment or not. In the case where the criminal case does not affect the department or is not of the kind which might lead to moral turpitude, the employer does not terminate the services. Once the guilt is proved against the employee it can be grounds for termination. Since there are no specific guidelines or laws related to the same, in many cases it is left to the discretion of the employer to decide.  

Best Regards,         

Vasundhara Singh  

 

 
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Dy Director

Before consideration for completion of probation one has to be certified that no departmental or criminal case is pending.  So remain under no misconception.

 
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