what if a govt job aspirant has a criminal case

835 votes

Opening an FIR specifically against those aspiring to be in government services or have been there for a couple of time will be treated differently.

If a person is working as a government servant or officer, and if any FIR is opened against them then according to the rules they should get suspended from their duties within 24 hrs of the FIR being opened and here the officer cannot do anything as such and his/her services will be suspended until they are found acquitted of all the charges.

Coming to the actual case, law states that a person will be considered innocent until the charges against him or her is proved.

So if a person is willing to apply to a government job then he can do so. But some application forms will ask about the record of cases that a person had against him and this is irrespective of whether the case was quashed or is under investigation. So here you should give all the details precisely.

Now what if you have written the exam and cleared the interview. After that the company will start police verification to check your records so at the time of interview you'll get an attestation form which will ask you about the criminal record or on the cases registered against you. So you need to give all the details to the point and precisely. The company will consider your case in further reviews.

But before that we need to know some basics of law.

Merely registering an FIR doesn't mean that you're a criminal in the first instance. Though the police would consider that you're acquitted, it is the court that has to take a decision.

And according to the rules, if an FIR is opened against the person, then he should be produced to judicial custody within 24 hrs in the nearest court.

So all you can do here is, you can apply and write the exams and also can attend the interviews. But the concerned company will only consider your candidature if all the charges against you are quashed by the court. And once you're free without any charges then you can request the company for a reconsideration.

But if the court believes that you're guilty then there's nothing you can do and also your application will not be considered even if you're out on bail since the case against you will be still pending in the court.

Advocate Aveek Bose LawRato

138 votes

1. Background Verification:
   • Government job applications typically require candidates to undergo a background verification process. This includes checking for any criminal records or pending criminal cases.
2. Moral Character and Fitness:
   • Government employers often assess the moral character and fitness of job applicants. Having a pending criminal case can raise concerns about an applicant's suitability for a government position.
3. Nature of the Offense:
   • The impact of a criminal case on job prospects may depend on the nature of the offense. Some government departments or positions may have specific restrictions or disqualifications for certain types of criminal cases, especially those involving moral turpitude or violence.
4. Acquittal or Conviction:
   • Whether an individual is acquitted or convicted in the criminal case can also influence their eligibility for a government job.
     • Acquittal: If an individual is acquitted or the charges are dropped, it may have a less detrimental impact on their job prospects.
     • Conviction: A conviction, especially for a serious offense, can significantly affect the chances of securing a government job.
5. Job-Specific Requirements:
   • Different government jobs may have varying requirements regarding criminal backgrounds. Some positions may disqualify candidates with any criminal record, while others may consider certain factors on a case-by-case basis.
6. Legal Assistance:
   • If a government job aspirant is facing a criminal case, it is crucial to seek legal representation to navigate the legal process effectively and, if possible, work toward a favorable resolution.
7. Disclosure:
   • Applicants are generally required to disclose any criminal cases or convictions in their job applications. Providing accurate information is important, as providing false information can lead to disqualification or job termination if discovered later.
8. Rehabilitation and Pardon:
   • In some cases, individuals with a criminal record may explore options for rehabilitation or seeking a pardon, which can help improve their chances of securing a government job.

In conclusion, having a criminal case can potentially affect a government job aspirant's prospects, depending on the nature of the offense, the outcome of the case, and the specific requirements of the job. It is advisable for individuals facing such situations to seek legal guidance and provide truthful information during the application process

Advocate Chikirsha Mohanty LawRato