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Mohammad Farhaan (IT)     05 August 2016

Urgent: company wanted to have criminal verification

Dear All,

Recently i got a opportunity to one of the IT company and they wanted to have criminical verification.

I would like to know what is the criminal verification?

4 years back my wife filed me many case against me , like 498a,Maintenance,Attempt to murder etc and all case are untruthful, within 2 months i got a bail from the honorable district court.

My case is still running in the court.. if some one filed case againt me then i am treated as a criminal?

Please reply ASAP.

Regards,

 

 

 



Learning

 8 Replies

Ms.Usha Kapoor (CEO)     05 August 2016

Dear Client,

Unless those criminal proceedings result in your convixtion trhere is no bar for your appointment or continuation in the new job and they cxan't terminate your job/services on account of criminal proceedings pending against you. So be confident.

Kumar Doab (FIN)     05 August 2016

Have they asked your councurrence in writing?

Record all verbal transactions (audio/visual/minuted/witnessed).

 

Mohammad Farhaan (IT)     05 August 2016

Dear Usha Kapoor,

 

Thanks for your reply.. the company which they offered me a job that is private company, if they are doing background verification and found cases are filed against me ... they dont take any action against me am i right? or i am not criminal...

Mohammad Farhaan (IT)     05 August 2016

Dear Kumar Doab,

 

Thanks for your reply...As of now they have not asked me in writing... but i am sure they are doing background verification check and also they are doing criminal verification check..

i never went to the jail, only the problem is my wife filed me many cases against me all are untruthfull cases... 

 

Waiting for your reply...

Kumar Doab (FIN)     05 August 2016

Check the employment application, offer letter, appointment letter signed by you and thus accepted, and also the service rules/HR policy etc mentioned therein................

 

It might have been mentioned that in case of adverse findings in BGV, employment can be terminated.

 

Get yourself honorably acquitted from all cases.

 

You can pick up relevant points from following:

 

https://www.lawyersclubindia.com/experts/Service-matters-urgent-advice-needed-535966.asp#.VUjXoPB-hkg

 

Madras High Court

A.Velusamy vs Tamilnadu Generation & ... on 19 December, 2014

https://indiankanoon.org/doc/71635321/?type=print

 

Delhi High Court

Ms. Nidhi Kaushik vs Union Of India & Ors. on 26 May, 2014

https://indiankanoon.org/doc/2803750/?type=print

 

https://www.lawyersclubindia.com/experts/Road-accident-case-can-affect-my-job--565526.asp

 

 

 

Punjab-Haryana High Court

Baldev Singh vs State Of Punjab & Anr on 2 June, 2016

https://indiankanoon.org/doc/30323645/

 

 

https://www.lawyersclubindia.com/experts/Suspension-period-regularised-as-regular-period-489441.asp

 
https://www.referencer.in/CS_Regulations/CCS(CCA)Rules1965/GOI_Decisions_10.aspx

 

 

 

 

 

Sudhir Kumar, Advocate (Advocate)     06 August 2016

Even if you are selected for govt employment and a criominal case is pending then you are not appointed.  Conviction or no conviction mere pendancy is enough to refuse appointment.

 

I have no option but to disagree with Ms Usha Kapoor.

 

In this case the employer is private and they do not need to offer any reasons to anyone for not appointing you.

Shashikant V. Patil (Lawyer)     17 August 2016

I too agree with the opinion of Sudhir Kukarji.  Mr. Mohammad Farhan should not taken in granted that he will be given appointment.

Shashikant V. Patil (Lawyer)     17 August 2016

I too agree with the opinion of Sudhir Kukarji.  Mr. Mohammad Farhan should not taken in granted that he will be given appointment.


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