Hello sir, Am going serious problem and no one there to guide me properly in this situation Am an employee of reputed mnc service provider company and working as regional HSE asst manager (as part of my job responsibility i need to take care whole karnataka region sites from Bangalore base office, wherever our company providing a services to client organization) and in one of our site which is located in bellary, one of our employee try to Commit suicide at client premises (fall from height, at height of 15mts from terrace) , while doing so he met with serious injury and its register as MLC case in local district law, as company policy we have provided a proper treatment in bellary itself however doctor suggestion we have transfer him to Bangalore for more effective treatment where also it was registered MLC case and police inquiry properly then there itself they have close the case where as in bellary the case was open, After getting proper discharged as per company and client policy he did not get back his job back however as per company norms we have provided everything as hr requirements, and also part of organization we have investigate and the victim agree that he was Committed suicide those recordings and findings have taken from him then after few months we got a notice from local police station from bellary stating that as an employer site manager, supervisor, my name as a safety officer and two other client key employee involved in this case stating that we did not provide any safety to the personnel and due to that he met with the accident but as per scope of work agree with client in that its clearly states that as a service provide we don't have any scope in terrace activity however the victim has by pass himself and he try Commit suicide where there is no control of any personnel at site Now the victim filled a case on us from bellary police station under IPC 337 and also we need to attend court proceedings Here now my query is 1) In above case, is my career in danger? If not what possible consequences will happen 2) am relieving from the company now if I join to other company can it effect there too? 3) as per case my name is involved in this, am I directly responsible? 4) how can I come out of this case? 5) how much time it will take to get the case closed? 6) what are things to done so that I can come out of it? Please kindly reply Thanks & regards
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your career is not in danger
2)you have in writing from the employee that he tried to commit suicide
3)also rely upon doctor report
4)you are at liberty to join another organisation
5)your company was only acting as service provider and had no control of any personnel site
6) you should wait for police investigations to be completed and charge sheet or closure report filed
7) then file for discharge before lower court or quashing in HC
Merely because someone who committed suicide, had written in his/her suicide note that a person is responsible for his/her death, can that person be convicted under Section 306 of Indian Penal Code for abetment of Suicide.
A Court further observed: Sometimes, the decision to commit suicide might be taken by the victim himself/herself, unaccompanied by any act or instigation etc. on the part of the accused. A person may die like a coward. On his failure in the examination, any one may commit suicide. They are weak minded. They are persons of frail mentality. For their foolish mentality/decision, another person cannot be blamed.
1. No, not at all as long as the employer supports you in the case. Since FIR is registered take bail . there s nothing to worry as in the vent of trial you will be acquitted pf the charge.
2. No, not at all.
3. Without seeing the contents of the FIR it is difficult to advise.
4. If there is audio, video or wrtrien proof of his admission then you can file quashing petition in high court.
5. It may take few years.
6. You may make put of court settlement with the said employee.
Dear,
No, you are safe and and your case also.
It's a normal section and normal court proceedings,don't worry , not affect on your next job, mention clearly to
your next employer about this incident and case also.
Attend court proceedings regularly, whenever court call you, present there. It's a bailable section, no worry of
arrest also.
It's depend on court that, how much time he will take.
Present solid proofs of your innocence and always present in court, whenever court call you.
No need to worry. You can contest the case for discharge. You can also file quashing in HC for the same.
1. There is no danger to your employment.
2. Do not worry there will be no effect
3. You are not and if your name is there in the FIR then challenge the FIR before the HC and get the same quashed.
4. As advised, contact a local lawyer and prefer a writ of certiorari before the HC.
Regards
1. Your career is not at all in danger and it is a routine matter followed up by the police.
2. It should not affect your job in your new Company since you shall be able to prove that the employee tried to commit suicide on personal ground.
3. The case has been filed against you which you shall have to contest by engaging a lawyer. Site the ground of his trying to commit suicide to contest the case.
4. You shall have to contest the case fittingly through your Advocate.
5. Develop rapport with the I.O. and also the public prosecutor in your own interest. It might take around 2 years.
6. Collect evidence or admission statement from the said employee confirming that he tried to commit suicide.
Here now my query is
1) In above case, is my career in danger? If not what possible consequences will happen
Since you have been implicated in an official capacity, you need not worry about this, however as you have the documentary evidences of the departmental enquiry wherein the employee admitted to attempted suicide, the documentary evidence in your possession may protect you even if there is a case against you personally.
2) am relieving from the company now if I join to other company can it effect there too?
The company can relieve you but since the case is filed on your name individually, you may have to continue to cooperate for the conduct of this criminal case.
3) as per case my name is involved in this, am I directly responsible?
You are not directly responsible, but vicarious liability may be imposed on you, hence you may have to defend your interests properly.
4) how can I come out of this case?
Challenge the same on the basis of documentary evidences in your possession.
5) how much time it will take to get the case closed?
Cannot be predicted owing to several factors involved in it.
6) what are things to done so that I can come out of it?
Discuss everything with yor advocate who will be able to get you out safely.
Dear Sir,
My answers are as follows:
1) In above case, is my career in danger? If not what possible consequences will happen
Ans: No, nothing like that. Your career is safe. It is not your individual responsibility. It is your company’s responsibility. It is very minute and bailable offense. Please read the following.
Section 337 in The Indian Penal Code
337. Causing hurt by act endangering life or personal safety of others.—Whoever causes hurt to any person by doing any act so rashly or negligently as to endanger human life, or the personal safety of others, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to five hundred rupees, or with both.
2) am relieving from the company now if I join to other company can it effect there too?
Ans: No, no issue.
3) as per case my name is involved in this, am I directly responsible?
Ans; A formal name is included and if charge is not included the name of your company then it is not maintenable. Please show the contents of FIR and charge sheet so that I can suggest the defense.
4) how can I come out of this case?
Ans: to be on safer side. Just file 482Crpc petition in High Court and get a stay on the proceedings.
5) how much time it will take to get the case closed?
Ans: If you are in urgent then it will end in conviction. Take leisurely and see that no witness is available for prosecution.
6) what are things to done so that I can come out of it?
Ans: Just approach HC
