Maharashtra Prohibition Act Section 84 Case

Dear Client,
Section 84 of the Maharashtra Liquor Prohibition Act, 1949 states that a person being found drunk or drinking in a common drinking house can result in a fine up to 500 rupees. When a person pleads guilty, they are essentially admitting to the charges against them. The court, upon accepting the guilty plea, imposes a penalty (fine, etc.) as a consequence of the offense and disposed of the case. Typically, if a person admits guilt and pays a penalty, it is usually treated as a conviction, even if the case is resolved quickly and consequently, it can affect your background verification check in course of hiring, once it is uploaded in the digital data base of the National Crime Record Bureau(NCRB). Background verification (BGV) check is a process many organizations carry out to verify the information provided by the candidate during hiring, not thereafter. An employer cannot create and provide a negative remark post hiring, because a negative remark or disciplinary actions requires the involvement of an employee in a offense while he is on the rolls of the Company. Any action from the employer based on negative BGV post hiring may be considered victimisation and unfair labour practice that also infringes the fundamental right to work as guaranteed under Article 21 of the Constitution of India and the employer may face prosecution once the matter is litigated before the Court or Tribunal by an aggrieved employee.