Companies asking if any criminal case pending

Querist : Anonymous (Querist) 08 January 2012 This query is : Resolved
At time of recruitment some companies tend to ask if any criminal case is pending against the candidate. We all know that anybody can file case against anybody at anytime. The person is innocent until proven guilty and convicted.

Hidden motive of these companies by getting this information is to discriminate and shunt out the candidate against whom a case is pending. If candidate tells the truth that xyz case is pending against him, then most likely he will not be recruited. So what is the way to avoid this nuisance question by the company? What is the harm in saying that no case is pending against him? After all what right or interest a company has to know about a case that is sub judice?

Follow Query

Report Abuse

mahendrakumar (Expert) 08 January 2012
what is the harm in such questions?

companies generally want to ensure that their employees are not any criminals.

Nadeem Qureshi (Expert) 08 January 2012
Dear Querist
if a person is not guilty & have confident then why will he inform or declare any false statement to the companies, Everyone have rights to recruit his/her choice. no need to worry about these type of question if you have capability.
feel free to call

Sailesh Kumar Shah (Expert) 08 January 2012
No solution.
But it is advisable to disclose the case,if any.

Devajyoti Barman (Expert) 08 January 2012
There is no way out either as it is still the best method to know the criminal antecedent of a prospective candidate.
You should disclose the true facts.

Pendency of every criminal case is not always deterrent to move ahead or for getting NOC.

So better divulge the nature of case and its present status so proper guidance could be given.

ajay sethi (Expert) 08 January 2012
yes agree with experts . dont conceal facts make full and true disclosure as to whether any criminal case is pending or not

Raj Kumar Makkad (Expert) 08 January 2012
It is the policy of the employer which shall prevail as it is not the legal right of any candidate to be appointed against a relevant post even though he may be fit candidate. The terms and conditions attached with the character of the candidate are also a sector to be taken care by employer before finalizing the suitable person so the column is added in the information to be sought.

If anyone conceals such vital information and and at any later stage if this fact comes to the knowledge of the employer, such employee has to face many more time losses which even sometime cannot be compensated in any term. So instead of spoiling career, it is good to come with true facts.

prabhakar singh (Expert) 08 January 2012
agree with experts .

Querist : Anonymous (Querist) 09 January 2012
Thank you all especially Adv. Shailesh Kr. Shah ji, Adv. Devajyoti Burman ji for their straightforward answers and Adv. Raj Kr. Makkad ji for explaining the legal position.

I would like to add that for some reasons the experts are assuming that this query and another query at http://www.lawyersclubindia.com/experts/Remaining-on-roll-strength-of-two-govt-departments-267861.asp are by same person. It is not true. Therefore I would request the experts to answer that query or atleast give the querist this link as an answer.

Previous

Next

You need to be the querist or approved LAWyersclub expert to take part in this query .

Click here to login now

Similar Resolved Queries :

Ask Query
Unanswered Queries