Can a person join a government job if criminal case trail is pending
15-Sep-2023 (In Criminal Law)
I am facing a criminal trail under section 420, 468 & 381 of IPC since 2010 in Judicial Magistrate-II and the trail started in late 2010. All the witnesses were completed in May 2014 and only examination of Investigation officer is pending since then. Now almost two and a half year gone past since last witness being examined and examination of Investigation officer didn’t take place for some reason or other like summon not reached the IO, Judge not present, PP was busy for the day, my advocate busy in high court etc. Although I have good hope for my acquittal, my next hearing is on 29-11-2016. In the mean time I appeared for Lower Grade Clerk (LGC) examination and there is every possible chance of my selection. The result will be announced any time; therefore I am worried whether I can join this government job if selected barring criminal trail pending. What are the alternatives is present for me?
It is pertinent to note that there is no bar on selection on the ground of pending trial. However, you must reveal fairly the pendency of the criminal case , FIR, arrest and detention (if any) as required in the Attestation Form and Affidavit to be submitted with the Department.
As per law, it is for the screening committee to decide whether the pendency of the criminal case would have any bearing on the nature of your post on the basis of the allegations leveled against you in the FIR and the charges(if framed).
There are plethora of judgments where the courts (including the Supreme Court) have interfered in the decisions of the departments discharging servicemen only on the pretext of a pending case.
Moreover, a judgment delivered by Justice M Katju (Supreme Court) directs the departments to take liberal view in such cases and not to reject the candidature solely on the ground of a pending case.
As per law, it is for the screening committee to decide whether the pendency of the criminal case would have any bearing on the nature of your post on the basis of the allegations leveled against you in the FIR and the charges(if framed).
There are plethora of judgments where the courts (including the Supreme Court) have interfered in the decisions of the departments discharging servicemen only on the pretext of a pending case.
Moreover, a judgment delivered by Justice M Katju (Supreme Court) directs the departments to take liberal view in such cases and not to reject the candidature solely on the ground of a pending case.
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