Hello,
No, he cannot be terminated where the learned court has duly released him.
Regards
A case was filed under 135 electricity act, 2013 against a club secretary. after getting the final a
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 Commissioner gave non-pendency of any criminal case along with no adverse report.But he seeks suitability of his govt job from secretary, home dept before giving final report.the person is already in service for two years. now could he be terminated by the screening committee on the ground that he was released through compounding. Can a criminal case against the secretary affect his personal life?
Asked 6 years ago in Criminal Law
Religion: Hindu
12 Answers
1. Well, it is the sheer discretion of the employer to give appointment or keep the employment intact in the event of of a previous criminal case , even if the same has ended in acquittal or compounding.
2. Refer to the service rules of the employer to find out if they special cause is there or not.
3. In general if the appointment of is cancelled because of this criminal case , the judicial review , even if explored, is not goug to give much result in his favour.
All the best.
Dear client,
Electricity theft is not a grievance offence, still dept. Demands honourable acquitall. So chances are 50 50. In case any adverse respnce , can seek relief from HC.
The case was not against his personal name. It was against club secretary. Being the secretary he resolved the matter through compounding. Yet may his personal life that is the job could be cancelled?
Asked 6 years ago
If his name did not appear in the FIR or the order sheet then it may not be damaging for your career.
Disqualification for the government job will take place only if he have a criminal record, but in this case his name not in FIR .
1) there is no pending criminal case against you
2) it was against club and you being secretary was also made accused
3) case has been compounded
4) it would not affect possibility of secretary getting govt job
His job would not be affected .
There is no pending criminal case case against him as on date
1. IRRESPECTIVE of any criteria, IF a case is compounded by the court, THEN it means that no offence or conviction or penalty is applicable against the person.
2. Hence the person cannot be terminated for any false declaration or whatever.
Keep Smiling .... Hemant Agarwal
No he is not convicted so he can't be terminated
Designation has nothing to do in criminal cases, personal liability.
Since this case was compounded, it is not to be taken for granted that the secretary was given a clean chit or absolved from all the charges agaisnt him.
If the case was dismissed based on non-maintainability or charges not proved, then he may become eligible for police clearance certificate which is a criteria for recruitment to a government post.
He may have to wait for the report by police commissioner and face the situation accordingly
He may take up this matter with the high court by filing a writ appeal on the same ground after exhausting his remedy with CAT. He has to convince court that this case was against the club and not on his personal name, hence he cannot be held liable in his personal capacity.
There are chances that he may be reinstated in case he is terminated.