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Is govt. job prospect affected if i am charged in false criminal case?


15-Jul-2023 (In Labour & Service Law)

Will it impact my Govt. job prospects in case I am charged for a false criminal offense which is later proved wrong and I am acquitted? I am a student and feel that I will be falsely implicated in a criminal complaint and am sure that later I will be proved innocent.

 

Will this have any impact on my prospects of a Govt. job later in my life? Also, does this impact the passport application that I may submit post this incidence of criminal charge?

 

Answers (1)

Answer #1
169 votes

Firstly with respect to both Government Jobs and Passport Application Form, the Candidate is required to answer the following question:

Have you ever been charged with criminal proceedings or any arrest warrant/ summon pending before a court in India?

Before answering this question, you need to understand what is the meaning of "Criminal Proceedings":

It has been held that till the time the investigations are on going i.e. before the Court has taken cognizance of the offence, it cannot be said that criminal proceedings are pending against the person. Therefore, criminal proceedings are said to have commenced once the Court takes cognizance of the offence and the charges are framed against the person.

Now if the matter has reached that stage, then you are required to state the answer as Yes and give details.

Now with respect to Government Jobs and Passports, the dependency of criminal proceedings is a criteria, however it is the discretion of the Authority to accept or reject your application. Merely because the proceedings are pending does not mean that your application shall be liable to be rejected. 

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

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