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Can a Govt. job be denied on grounds that a criminal case is pending
30-Dec-2023 (In Criminal Law)
Sir/ Madam I am serving in govt department and a criminal case under PC act 7,13 (2) is pending against me. Now I am selected for a new govt job in an another govt department and got relieved from my first department to join the new govt department. But the new department not allowed to join due the pending case against me although nothing was in the advertisement regarding this. I want to now ........... Can the second department deny my joining due to my pending case under trail? Is there any hope for me to join the new department?
Government cannot cancel appointment or candidature of candidate on the ground his involving in the criminal case or any criminal case is pending. But you must mention that you are involved in the case as suppression may create further problems.
Generally at the time of joining of Government Job a character and antecedent verification report from the District Authority/Police Department is called by the employer/Government department. Sometimes joining is allowed subject to completion of the formalities and character and antecedent verification report is called later. Your appointment may be joined subject to the decision of the pending criminal case. All accused are considered as innocent till they are proved guilty in the cases. As per law you are innocent now and have no problem to join the government job. However, the full particulars and status of your case are not revealed. You may contact your lawyer or local lawyer with necessary documents for legal advice. The cases registered under PC Act amount to Mis-Conduct and comes under Moral Turpitude. Hence you are required to be acquitted in the criminal case.
Generally at the time of joining of Government Job a character and antecedent verification report from the District Authority/Police Department is called by the employer/Government department. Sometimes joining is allowed subject to completion of the formalities and character and antecedent verification report is called later. Your appointment may be joined subject to the decision of the pending criminal case. All accused are considered as innocent till they are proved guilty in the cases. As per law you are innocent now and have no problem to join the government job. However, the full particulars and status of your case are not revealed. You may contact your lawyer or local lawyer with necessary documents for legal advice. The cases registered under PC Act amount to Mis-Conduct and comes under Moral Turpitude. Hence you are required to be acquitted in the criminal case.
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Adv. Ajitpal Singh Mander
Bhatinda | 100+ Answers
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