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Appointment Of Job And Pending Criminal Case


25-Jun-2026 (In Criminal Law)
I have been selected for a Civil Engg post under the Govt of WB and am currently awaiting appointment, subject to completion of Police Verification In 2021, my sister filed an IPC 306 case against me, my mother, and her former husband following a family dispute after my father's death. The case remained pending before the trial court for several years. Now, all parties reached a mutual settlement and jointly approached the High Court seeking quashing of the Case. A joint compromise petition has already been filed. However, due to procedural delays, the quashing petition is still pending. I honestly disclosed the pending case in my PVR form. My PVR report is expected to reach the department shortly and will likely mention the case as pending. I seek legal advice on whether this pending IPC 306 case, despite the compromise and pending quashing proceedings, may affect my government appointment and what legal remedies are available to protect my candidature and secure joining.
Answers (2)

Answer #1
900 votes
Since you have truthfully disclosed the pending case in the Police Verification Form, there is no suppression or misrepresentation on your part, which is an important factor. A mere pendency of a criminal case does not automatically disqualify a candidate from government service. As your case arises out of a family dispute, a compromise has already been reached, and a joint quashing petition is pending before the High Court, these are relevant mitigating circumstances. You should immediately submit a representation to the appointing authority enclosing copies of the compromise petition, the High Court filing, and relevant court documents, requesting that your appointment be considered subject to the final outcome of the quashing proceedings. If any adverse decision is taken solely due to the pendency of the case, you may challenge the same before the appropriate forum. Consult an advocate with all relevant documents for timely legal action.
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Answer #2
567 votes
The law laid down by the Supreme Court in Avtar Singh v. Union of India is that: Mere pendency of a criminal case does not automatically disqualify a candidate. The employer must consider: Nature and gravity of the offence. Whether there was suppression of facts. Stage of the criminal proceedings. Overall suitability of the candidate. In your case, an important factor is that: You have truthfully disclosed the pending case in the PVR form. There is no suppression or concealment. The complainant herself (your sister) has joined the compromise and supports quashing. The matter arises out of a family dispute and not from public misconduct, corruption, moral turpitude, terrorism, sexual offences, etc. These factors generally operate in your favour.
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