I am Supriya Gill, a lawyer and in this article, we will explore the question of whether a conviction under 498A is an obstacle for government jobs or private jobs, the potential implications of a conviction on one’s employment prospects and discuss the steps that can be taken to mitigate its impact.
If merely an FIR under 498A is registered against a person, there will be no effect on the employment of the person but a conviction under 498A has a significant effect. Conviction under 498A can result in suspension or even termination and if you have applied for a job, it may result in non-appointment.
You may get suspended or not appointed if you are kept in Police custody for more than 24 hours or if the Court has sentenced you till you get an acquittal. As criminal cases are against the State, the Department can suspend or terminate the accused if he gets a conviction.
Impact of 498A on Employment
An FIR is considered to be the first step in a criminal case and sets the process of criminal justice in motion. Conviction, on the other hand, refers to a judgment of guilt in a criminal case. Both situations have different impacts on employment.
1. Impact of Conviction under 498A on Employment
A conviction under Section 498A can have a significant impact on an individual’s employment prospects. This is because a criminal record, including a conviction under 498A, can show up on a background check conducted by employers and be considered a negative factor in the hiring process.
The impact of 498A on employment is based on the nature of the crime and the specific requirements of the job. It can have the following impacts:
- Termination: Conviction under 498A may result in termination. Employers may choose to terminate the individual’s employment.
- Non-appointment: If you have applied for a government or private job and you get convicted under section 498A IPC, it may result in a non-appointment.
- Reputation: It can cause difficulty finding a job in their desired field as it is a criminal offence and leave a negative impact on the reputation of a person.
2. Impact of Registration of FIR under 498A on the employment
Just the registration of an FIR does not imply guilt or conviction. The person is considered innocent until proven guilty by a court of law.
Despite this, some employers may choose to take adverse action against the accused, such as suspension or termination of employment, based on the mere registration of an FIR.
This could be due to concerns about potential negative publicity, as well as concerns about the accused’s ability to perform their duties effectively while dealing with legal proceedings.
In such cases, the accused may choose to challenge any adverse action taken by the employer in a court of law, as the registration of an FIR alone is not sufficient grounds for termination of employment.
Precautions to take to mitigate the impact of registration of 498A case on your employment
If a case under Section 498A of the Indian Penal Code (IPC) has been registered against you, here are some precautions you can take to mitigate its impact on your employment:
- Seek legal advice: The very first thing to do is to seek the advice of a competent legal professional as soon as possible to understand the specific charges against you and the steps you can take to defend yourself.
- Be transparent: If you are employed, you should be transparent with your employer about the situation. Provide your employer with any relevant information and keep them informed of any developments in the case.
- Follow the legal process: Make sure to follow all the legal procedures and attend all court appearances. If you fail to do so, you may get an adverse ruling against you.
- Be prepared for background checks: Be prepared for background checks by prospective employers, and have a plan in place to address any questions or concerns they may have about the case.
- Consider seeking employment in a different field: You may consider seeking employment in a different field where the impact of the case may be less significant, depending on the nature of your employment.
Case Law on the effect of FIR registration on employment or appointment
1. Mandeep Kaur vs Canara Bank and another 2022 Punjab and Haryana HC
The Punjab and Haryana High Court held, “Mere registration of FIR cannot render a candidate ineligible for public appointment.”
If the criminal case is registered against a person, the candidature of the candidate can not be rejected and the right to participate in the recruitment process can be defeated nor his appointment can be denied. It applies to all criminal cases including 498A.
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