Have you got your dream job in the government sector?
Congratulations! But, have you thought about the criminal background check?
It’s important. You will have to come across this verification to ensure
security in the latest government job that you have got. After cracking the
government job examination, it should be a primary point of concern. Let’s
capture the definition of what it is.
It’s all about verifying the employee to see whether or not he/she has committed
any offence in the past. This background checking represents a critical part of
pre-employment screening. Thereby, it ensures a safe mechanism in the hierarchy
of the government administration.
If you talk about India, in particular, such verification occurs through an-all
inclusive litigation searches of the court records. Have a cursory glance over
the sources of information from these courts:
· Criminal Suit (Magistrate Court)
· Criminal Suit (District Court)
· Criminal Suit (State Court)
· District Civil Courts & Tribunals
· District Court
· High Courts
· Magistrate Court
· State Court
· Supreme Court
Why is it necessary?
It’s aforesaid that the ultimate motto behind a comprehensive criminal record
check is providing the government administration with a safe workplace. In other
words, whosoever is appointed at any position in the government sector, he/she
should possess a clean history. The employer (government agency) runs a
background check to make it sure. The agency filters through relevant databases,
including civil litigation database, regulatory compliance database and criminal
database involving the candidate’s name.
Besides background data check in India, the global database should also be
searched out to determine if there is any association of the candidate with the
offence or the crime.
What points can push alarm for conducting criminal background check?
It’s already shared that the background check should go on pre-recruitment. A
single discrepancy can disturb the govt. recruitment. The candidate can lose
his/her reputation. Also, his/her motivation could be drastically impacted.
Therefore, the candidate should provide with the authentic documents that are
requisite for a specific profile. Let’s say, check degrees if they have the
matching date of birth, as mentioned by the Municipal Corporation.
How do government agencies conduct criminal background check?
The government agencies access database from the State and Supreme Court’s
public records and district magistrate. Most of the private and public agencies
also verify information pertaining to litigation. They approach the National
Crime Research Bureau and CBI to check the candidate’s name in the list of the
most wanted list. Also, search the database of the RBI, Central Vigilance
Committee’s list and SEBI.
But, the verification doesn’t take place before taking written consent of the
candidate. The government agency must ask the candidate as per rules.
Which Indian Acts allow this checking?
However, the Indian constitution doesn’t have a specific law for conducting this
kind of verification. But the screening agency or authority abides by the Indian
Contract Act, Information Technology Acts of 2000 and 2005. Also, they take care
of the Indian Penal Code (IPC) before conducting any inquiry.
Also, it’s noteworthy that the breaching of a few Acts, like the Credit
Information Companies Regulation Act, 2005, levies penalty, which could be
extreme. It’s so because the candidate should be acknowledged about accessing
his personal data. If the agency fails to disclose, the candidate can sue for
violating right to privacy by witnessing and collecting his/her personal data.
How is it decided about the type of background check?
The background check includes background check information, job applicant credit
checks, criminal records and employment history verification. This check depends
on the profile and type of the job.
Let’s say, you are going to appoint on the post of a manager in SEBI. You will
have to undergo the employment history verification and credit checks. Likewise,
each profile mandates a specific inquiry.
What if you are caught up with the criminal background?
The Indian government suspends recruitment of such candidates after disclosure
of the fact that he/she has spent 48 hours behind bars. The agency would
consider those offences deeply. Later on, the matter goes under consideration
and the action of the agency would reflect what its response is. It could fire
or give a lease of life on the profile.