Regarding railway appointment with a case pending on me

985 votes

you cannot be denied your post just by pendency of a criminal case against you kindly check whether you have given this information in your application at the time of applying for the post generally in an application for appointment for interview offer examination for any post general Claus is there to reveal the information about your criminal history for any criminal case pending against you unless the person is convicted for the crime having been proved against him he or she cannot be denied the appointment kindly clarify show that you get proper answer

Advocate Sunil Kumar Singh LawRato

777 votes

Once you are selected, you can't be disqualified on the ground that a case is pending against you. Because once you are not convicted by the court, you are presumed as an accused in the case. You can directly approach the Hon'ble High Court under writ jurisdiction and seek direction/order for appointment at the railways. Because once the conviction is not done you can't be penalised by such malafide action.

Advocate Yuganshu Sharma LawRato

820 votes

Ther is no absolute bar that you will not get appointment if a case is pending against aginst you. You have not disclosed for which post and area and under which recruitment rules you have been appointed and if you disclosed the case while filling the form.

if you get a stay of the case or settle the case with your wife to get the matter disposed of, then you can get an appointment. In some cases depending on the rules of recruitment you can get an appointment while the case is still pending . It all depends on the recruitment rules of your post in Indian Railways under which you have been appointed. If the Railways refuses to appoint you then you must approach the Central Administrative Tribunal for filing a case seeking appointment immediately. If the court thinks that you are being harassed unnecessarily, they can direct the Railways we will have to issue appointment letter subject to you winning 498A case later.

Advocate Tahir Ashraf Siddiqui LawRato

804 votes

in case of appointment to any post, it is the discretion of the employer. however, in your case, if your employment is rejected on the basis of the 498A case, you may file a petition of judicial review of the petition. however, the aforesaid will work only if the reason is such and is documented and the same can be accessed by you.

Advocate Kawaljit Singh Bhatia LawRato