Advocate Krishna Kant Tiwari

Questions Answered by Advocate Krishna Kant Tiwari (25+ answers)

Q: An fir against me was filled for theft and can i still get a govt job

FIR was filed against me for theft under the section of 305BNS and they recovered all the items i was arrested but got the bail. I know the complainant personally, because husband of the complainant tried to rape my friend who was working for them in the house. Now I requested them to withdraw the case and the complainant agreed now my question is will I get the government to job if the case is dropped or got acquitted, I am appearing for CGLE so plz tell, also can criminal record get removed.

Advocate Krishna Kant Tiwari answered
An FIR under Section 305 BNS (theft) is non-compoundable, so it cannot be withdrawn merely on the complainant’s request; however, since the matter is settled and property has been recovered, the correct legal course is to file a quashing petition before the High Court under Section 528 BNSS, and courts routinely quash such cases. Once quashed or if you are honourably acquitted, you are not treated as a convict, and government employment, including CGLE, is not barred, provided you truthfully disclose the case and submit the court order during verification. Mere registration or pendency of an FIR does not automatically disqualify a candidate. While FIR records are not automatically deleted, after quashing or acquittal you can seek correction of police records and a “no adverse antecedents” certificate. The allegation of retaliation further strengthens your quashing case. Proper legal handling will safeguard your career and reputation.

Q: Related to pay fixation and recovery of payment

I have joined service in the grade pay of Rs. 4200/-. in the year 2006. I have been given one increment in the name of promotion in the same grade pay in 2015. MACP was given in 2016. Later on after more than 9 years in 2025, audit party has objected that 1 increment given in 2015 and asked to recover that increment and re-fixation of the salary. While it is unfare to recover and refix the salary after almost 9 years of said increment as in any incident the employee was not at any fault.

Advocate Krishna Kant Tiwari answered
Criminal Case & Government Job:If the FIR is quashed by the High Court on the basis of settlement or you are honourably acquitted, you will not be treated as a convict, and in law there will be no bar to your government employment, including CGLE, provided you truthfully disclose the case and produce the court order during verification. Mere registration of an FIR or past arrest does not disqualify a candidate, and once the case is quashed or ends in clean acquittal, your record is effectively cleared for service purposes.Salary Recovery & Re-fixation:The proposed recovery after nearly nine years is illegal and unsustainable, as settled by the Supreme Court in State of Punjab v. Rafiq Masih, since you were not at fault and the payment was made by the department’s own mistake; at most, pay can be corrected prospectively, but retrospective recovery is barred. A representation or writ petition will secure quashing of the recovery and protection of your salary.

Q: Does RTI by Tenure holder helps-Chakbandi issue, Uttar Pardesh

How do i get information regarding1 certified copies of khatauni and khasra history including entries prior and subsequent to varasat entry.2 .certified copies of R6 /e parwana,implementation register entry, notesheet including how said order was acted or kept in abeyance3certified copies of the complete case record of the vaadincluding plaint,list of parties,proceedings and final order etcDoes filing RTI help.If it does , shall it be in Hindi or English.Is physical, Speed post or digital

Advocate Krishna Kant Tiwari answered
You can obtain certified copies of Khatuni, Khasra history (both prior and subsequent to Varasat), R6/e-Parwana, implementation register entries, notesheets, and the complete Vaad record through lawful and well-established procedures. The first and most direct method is to apply at the concerned Tehsil or Revenue Office, where these records are maintained, by filing an application for certified copies with the requisite court fee. However, if there is delay, refusal, or any apprehension of manipulation, filing an application under the Right to Information Act is not only appropriate but highly effective, as it legally obliges the department to supply certified copies, file notings, and details of how and when orders were implemented or kept in abeyance. An RTI application may be filed either in Hindi or English, though Hindi is generally more effective in revenue matters in North India, and it may be submitted physically, through speed post, or online where the state portal permits. For court records, certified copies can be obtained by filing a certified copy application in the concerned court or revenue court. Since these documents directly affect title, possession, and inheritance rights, it is advisable to proceed carefully and, where necessary, with proper legal assistance to ensure that the records obtained are complete, authentic, and legally usable.