Hi, th offence will not effect his service credentials..However, it is better to make a settlement out of court to avoid any complications
Accidental Case
Hi, My friend was involved in a road accident a couple of months back. He was driving a car and accidentally hit a scooter which resulted in the death of the scooter's pillion rider(a lady). He himself arranged ambulance for the victim and went to the police station on his own to inform the police of what had happened. Subsequently, he waited at the police station for the victim family to come and lodge an FIR and was there till all the formalities had been completed and he was granted bail. Now, a court case has been going on with another hearing scheduled in the next 1 week. My friend is a Punjab government employee and has 3 years of service remaining before his retirement. Can this case affect his retirement benefits? If yes, then how can it be avoided? They have been trying for an out of court settlement but nothing has worked out so far.
Asked 5 years ago in Criminal Law
Religion: Sikh
13 Answers
Retiral benefits have nothing to do with the accident and the subsequent proceedings. You should contact the family for an out of court settlement but if they wish to go to the MACT then wait for the verdict and you can appeal against the order in case they grant an exorbitant amount as penalty.
Regards
1) pendency of criminal case would not affect your friend retirement benefits
2) your friend has to contest the case filed against him
3) burden of proof is upon prosecution to prove allegations of rash and negligent driving beyond reasonable doubt
No it will not affect his retirement benefits. He will get an accquited if he engages a good lawyer
No the case will not effect his retirement and the benifit . Further though in case he is convicted his services may be terminated. Your friend can file a quashing petition before high court and can try to quash the FIR.
Dear Client,
Trail will take long time before which he will retired. Secondly, this case has no effect on his retirement benefits. In death cases, out of court settlement is rare possibility.
Still keep trying.
Dear Sir,
It is not so serious case. It itself indicates that there is no criminal intention as such pensioners benefits cannot be stopped. If anything like that happen immediately approach Service Tribunal or High Court and get quash such proceedings and get release all the benefits.
If settled outside the court then no harm otherwise may be but in my opinion worst to worst it has been decided against your friend then it should not have any impact of the service benefits as has no concern with moral turpitude.
A pending criminal Case would have no bearing on his retirement benefits.
Your friend should defend the case, in case any settlement has not been arrived at between the parties.
It's a accident case no affects on retirement benefits.
Dear Sir,
- Though case is in process, it will not affect his employment
- Incase your friend has valid insurance and all other car valid documents the compensation shall be taken care by insurance company
- In such kind of cases it depends on what input police is sharing i.e negligence of driving, ignorance of laws etc.
- You can approach the family if they are wish to settle amicably else may concentrate on proceeding with good criminal lawyer in Gurgaon
Regards
Vivek Arya
1. The retirement benefits cannot be withheld.
2. Section 304A is non-compoundable. Hence, no question of an out of court settlement in so far as the offence is concerned.
3. Furthermore, even the High Court cannot quash this offence on the basis of a compromise between the heirs of the deceased (victim) and accused as the victim is not alive to compound it. This has been clearly held in the exposition of law laid down by the Punjab & Haryana High Court.
If he is proved guilty then he may be sentenced to undergo imprisonment for a term that may be fixed by the court.
In that case it may have an adverse impact for his career also.
It is better he arrives at a compromise with the victim's family to save his employment and future pension career.
