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Joe (Associate)     18 May 2012

Fake experience certificate

Hi, this is for a freind of mine, Arun who is in trouble. Arun has given fake experience certificates to nurses to help them to get better jobs abroad. Her is a doctor. He took 5000 rs from them. Most of the nurses got jobs abroad and they are living happily. Arun says 2 guys from Australian Immigration department and Helath ministry of India came to him and asked about the certificates he gave for someone in Australia. He said he did it. They asked for the details and threatened to call the police. He got scared and gave the files to them. They took the files that has the details about the nurses and took his photos. They said they"ll return the files and gave a stern warning that if he does it again he will be in deep trouble. What might happen to him? Is it considered a criminal case? Will he be punished? What can be done?



Learning

 9 Replies

adv. rajeev ( rajoo ) (practicing advocate)     18 May 2012

Yes it is criminal offence.

Kumar Doab (FIN)     18 May 2012

Ask your friend and as many as possible to stay away from such practices. The repercussions can be serious and damaging. It takes lot of years to become doctor and establish practice and earn good name. The law is unforgiving in such matters.

S Jadhav 98336 98330 (Jadhav & Associates)     18 May 2012

As a doctor your friend must be earning repectable amount. Please request him to stay away from illegal methods of earning or helping.

It is a criminal offence. The Medical Council of India may even cancel his licence for such actions.

S Jadhav

Joe (Associate)     18 May 2012

He will never do anything like that ever.  He has good reputation and he said most of the time this money was not demanded by him. These nurses were very underpaid in our country. They were getting just 2000 Rs. If they go abroad their job could easily earn more than a lakh.

Anyways what has happed cant be undone. The question is what will happen now? What should he do?


(Guest)

In my training course of HCL CDC trainer requested  if you want HCL infosystem certification then you have to pay 2000 rs for experience certificate.

But HR says us it is available for free of cost. while saying this my friends are also with me

Is this the case of cheating?

will it help to take legel action against them?

help

RAKESH PIPRODIA (ADVOCATE)     20 May 2012

Your question itself is an invitation to the case of defamation against you. Think twice before you comment and name a large multinational company openly in this club at large.

S Jadhav 98336 98330 (Jadhav & Associates)     21 May 2012

For the fake experience certificate - It all depends on the affected party, in this case the Australians. They may file a criminal case against your friend and then he will have to bear the consequences as per law. If they pursue it full heartedly, your friend will face punishment as per criminal law as well as cancellation of his licences.

The least that seems may happen is that the Australian authorites will put a black mark on your friend and his certificates. If he continues to continue in this fashion, they may file a case. If your fiend has learnt a lesson, then he should no do such illegal activities.

S Jadhav

S Jadhav 98336 98330 (Jadhav & Associates)     21 May 2012

About the CDC certificate - As rightly piointed out, please do not mention names as you may be liable for defamation.

The certificate if the HR says can be given to you free, please request them to provide you free.

If HR says, they cannot give you free, then you may decide whether you want to pay some money and get the certificate.

Is the person giving you a recepit fro the money ? Is he taking the money for the company whcih is providing you a certificate or for himself? Please provide details without giving names.

The company is providing you training so that your skills can improve and you may be more productive for the company.

There is no cheating case as there could be genuine mistake or it could just be an oral commitment which they cannot honour. An employeer who is paid a significantly higher amount cannot say that the company is cheating you for some insignificant sum since the amount is trivial for a company.

S Jadhav

Sudhir Kumar, Advocate (Advocate)     05 January 2013

First of all the forreign police has no jurisdiction to check his record and sieze it without panchnama.  He allowed them only because he did nto want them to take help of Indian police as he knew he is fraudseter.   he will never beable to prove that they were employed by him as he may notbe having back up from his own Income Tax return etc.

 

Your firend is ahead for a trouble.  He is likely to be questioned by the police, epfo, income tax etc.


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