• Having been compounded a criminal offence could get govt job

A case was filed under 135 electricity act, 2013 against a club secretary. after getting the final assessment as well as compounded amount the company compounded the case under 320 crpc. the special court also compounded the case against the secretary. now the secretary got a govt job and disclosed the case in attestation form. the police gave acquittal report and non-pendency of any criminal case. the person is already in service for one and half year now could he be terminated by the employer on the ground of that case as the case was against him as the secretary of the club not against him personally. what could the secretary do in case of termination of service?
Asked 4 years ago in Criminal Law
Religion: Hindu

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16 Answers

Hi, it is not a offence under Indian penal code ...He cannot be terminated on the Said grounds..If such termination is done , it is advisable to file a WRIT in high court for relief

Hemant Chaudhary
Advocate, Gurgaon
4619 Answers
67 Consultations

4.9 on 5.0

Sir first of all after police verification and acquittal report there is not even bleak chance the employee would be terminated , there wont be any termination , further the offence is disclosed before appointing authority so there is no question of termination.

Even though then if it happen though it wont high court can be approached or further if the central government job then Central or state then state administrative tribunal can be approached according to the jurisdiction.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

1. The case filed against him as Secretary has alread been compounded.

2. He has not suppressed the fact while joing the said Govt. department.

3. There is no reason while he will now be terminated for the said compounded matter.

Krishna Kishore Ganguly
Advocate, Kolkata
26602 Answers
726 Consultations

5.0 on 5.0

No first of all it was in capacity of secretary and under electricity act petty offence further it won't effect personally after compounding neither in passport job or socially.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

To answer this query I need more detail.

You are suggested to provide the complete facts.

Mohammed Mujeeb
Advocate, Hyderabad
19029 Answers
32 Consultations

4.5 on 5.0

1. The said criminal case has been registered against him in teh capacity of the Secretary of the Club.

2. The said FIR has already been compounded.

3. The Secretary shall not be affected in any way in his personal life on account of tyhe said compounded FIR.

Krishna Kishore Ganguly
Advocate, Kolkata
26602 Answers
726 Consultations

5.0 on 5.0

His services would not be terminated as police has given acquittal report and there is no pending case against him

Further secretary disclosed all the facts at time of joining govt service

Ajay Sethi
Advocate, Mumbai
87894 Answers
6207 Consultations

5.0 on 5.0

Case has been compounded police have given acquittal report

His services would not be terminated

Ajay Sethi
Advocate, Mumbai
87894 Answers
6207 Consultations

5.0 on 5.0

Once the offence is compounded it means the case is acquitted and the matter is settled without trial as such the secretary will not be terminated from government job since he was acting as a representative of the club in case there is any termination the same can be challenged by filing writ in high court or by challenging the order in administrative tribunal. Secondly since police has given no pendency report there is no chance of initiating any action by government

Swarnarka Chowdhury
Advocate, Mysore
1878 Answers
5 Consultations

5.0 on 5.0

Your employee would not terminate you on Grounds of some minor offence which was not even done in your individual capacity but as a post bearer of an association.

Siddharth Jain
Advocate, New Delhi
5925 Answers
101 Consultations

5.0 on 5.0

In worst case scenario if they terminate you on such grounds you would have no recourse to challenge such dismissal as they have full autonomy to decide search matters and court interferes in such matters, only in cases of gross miscarriage of Justice.

Siddharth Jain
Advocate, New Delhi
5925 Answers
101 Consultations

5.0 on 5.0

1. The accused person can take aid of office bearer to escape his personal liability.

2. Since he has got a govt job he is bound to disclose the case made on him and compounding of the case does not make the things an easier.

3. Only in the case of honorable acquittal the employer can take conginiszance of it.

4. So in this case the employer has discretion either to appoint him or to reject his candidature.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

In your case society is compounded as you was the secretary of the society so you have to perform the duty of the secretary who is the ex officio of the society

The case against the society by the electricity department will not affect your personal life and till the time you are the secretary of the society you will have to answer to the court queries and appear to the Court against the case on the society.

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

1. Compounding of an offence is not tantamount to acquittal. It is rather an admission of guilt.

2. If the disclosure was made in the attestation form then he cannot be terminated now. If he is terminated then same can be challenged through a writ petition in the High Court.

Ashish Davessar
Advocate, Jaipur
30761 Answers
971 Consultations

5.0 on 5.0

Since the case was against the organisation and his official designation , moreover the case was compounded, this should not hamper is employment in any manner, he can seek relief through high court in case of any such problem as apprehended.

T Kalaiselvan
Advocate, Vellore
78048 Answers
1543 Consultations

5.0 on 5.0

can a person be affected in personal life if charged a criminal offence but compounded being the secretary or president of clubs?

Until he is not personally involved or implicated in it, there should not be any personal damage to him.

He was a secretary and as a secretary he played his role to defend the organisation and not in personal capacity, hence he should not face any problem.\

T Kalaiselvan
Advocate, Vellore
78048 Answers
1543 Consultations

5.0 on 5.0

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