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Does an FIR affect chances of getting a government job?
26-Dec-2023 (In Labour & Service Law)
My wife had worked with an organisation (undertaking and executing govt projects) one year before. During that period an FIR was filed by vigilance and anti corruption dept against the organisation as case of corruption and all the employees have been mentioned in that FIR, her designation (Not her Name) also mentioned in it. 10 months ago she quit the job and now she is in kerala psc short list. So what is the difficulty to joining in Govt sector. (Please be noted she is innocent in that case)
Any suggestion in this context depends upon whether she had been arrested or the present stage of the case. If she had not been arrested or summoned to the court for the trial, there need not be any problem. However, she is required to furnish the truthful information, as and when sought. It may not be of no advantage if any information sought is suppressed or misinformed. But, certainly, she need not volunteer to give any extra information, but need to be precise to the information sought.
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Adv. P Venu
Vaikom | 500+ Answers
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It is the cardinal rule of Indian criminal jurisprudence that an individual is held to be innocent until charges against him are proven. This rule gives the right to any person against whom charges are pending to apply for government job, and no discrimination can be made against him for selection just because trial is pending and until he is convicted.
It is true that pending case is no bar to join Govt. service but it is advisable to clearly mention in the application or elsewhere it is required that such and such case is pending against you otherwise you can face various problems at later stage. Suppression of such type of information at the time of selection in Govt. job is a fatal.
A bench of justices R V Raveendran and A K Patnaik passed the judgement while upholding the West Bengal government's appeal challenging the high court's direction to appoint Islam despite the fact that he was facing criminal charges.
It is true that pending case is no bar to join Govt. service but it is advisable to clearly mention in the application or elsewhere it is required that such and such case is pending against you otherwise you can face various problems at later stage. Suppression of such type of information at the time of selection in Govt. job is a fatal.
A bench of justices R V Raveendran and A K Patnaik passed the judgement while upholding the West Bengal government's appeal challenging the high court's direction to appoint Islam despite the fact that he was facing criminal charges.
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Adv. Ajay NS
Ernakulam | 200+ Answers
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