Navigating Termination Due to Criminal Case: Legal Implications and Job Consequences

Dear All,

My name is Neeraj, and I have been working for over 6 years in the IT industry. In 2013, I got married, but on 25th July 2014, my wife left the house and has been staying with her parents. During this period, she lodged a false FIR against me and sent defamatory letters to my company in 2015, leading to my termination. I am currently searching for a new job and have received offers from two companies: Tech Mahindra and another software company. I am concerned that if I join either company, I may encounter issues during the police background check that could result in termination. I am very worried and jobless. Please advise whether I should inform HR before joining about the FIR against me (IPC 323) or if I should join without disclosing this information.

Regards,
Neeraj Yadav

Hello Neeraj Yadav,

Can you provide a few more details?

1. Were you arrested?
2. Was it only IPC 323 or 498A (Dowry harassment) as well? Typically, in such situations, BOTH charges are filed together.
3. You mentioned your wife 'sent a defamatory letter to my company in 2015' - what do you mean by 'defamatory'? Did the letter mention the FIR?

IPC 323 is not inherently a very serious charge, but its seriousness depends on how it's presented. According to the law: "Whoever, except in the case provided for by section 334, voluntarily causes hurt, shall be punished with imprisonment of either description for a term which may extend to one year, or with a fine which may extend to one thousand rupees, or with both."

Please provide all the necessary information for members to offer practical suggestions.

Regards,
TS

Were you terminated from the earlier job because of the police investigation and resultant criminal case or some other reason connected with your performance there? Was this action taken after following the due process?

Hello Neeraj,

Nathrao is right when he mentioned, "Do not go by IO being in your favor. What is important is what the police write in their investigation report."

The Court decides based on WHAT is written in the FIR, NOT on the opinion of the IO or anyone else. If the IO really has such an opinion, suggest her to mention it in the FIR... else take it with a pinch of salt.

And I concur with Nathrao in the further PoA... Don't need to volunteer to give the info ON YOUR OWN... but if asked OR you have to fill in something relevant, don't stop from giving the info.

While it's a known thing about the legal processes in India, did you get any indication on how much time this COULD take to get quashed?

And a word of caution.

Please check with your advocate IF a 498A can be filed later in this whole process... going by the steps she took so far ('Wife sent multiple Emails to the company on every location like us, Bangalore, Noida, etc., several times and threatened them to take action'), looks like she surely has some grudge against you.

When she realizes that this FIR is not taking the course SHE wants to take, 498A COULD be the direction she MIGHT want to adopt. Typical psychology of women with this mindset.

Take whatever precautionary & preemptive steps you need to & can take in consultation with your advocate... to ensure your next job is NOT affected.

All the Best.

Rgds,

TS

No one can be terminated from service because of being accused in a criminal case; the law presumes a person to be innocent unless convicted. Moreover, it is not necessary that a punishment in a criminal offense should result in the loss of a job, unless the offense involves one of moral turpitude. The same consideration should apply while selecting a person for appointment.

Hello Pvenu1953,

Vis-a-vis your opinion 'No one can be terminated from service because of being accused in a criminal case', you are right technically.

But reality is different.

In PSUs, the employee is suspended once the FIR or Chargesheet is filed. The reinstatement comes ONLY AFTER the employee is exonerated OR dismissed IF found guilty & sentenced.

However, in the Private Sector, not many companies like to follow this process...they just dump the employee & move. That's reality.

I have known a case when a well-known IT bigwig just 'blacklisted' a vendor...not any employee...when his wife complained the same way this member mentioned. Now, how is a vendor/contractor's personal life connected with the company's day-to-day operations & on what basis can the vendor—whose performance was very good until then—be 'blacklisted' are all totally unofficial & unwritten.

Neeraj's earlier company did just that...the choice for anyone in such situations would be to take it & move on in life OR fight back legally, which everyone knows what it entails.

Regards,

TS