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Eligible for govt service if case filed under 498A
09-Oct-2023 (In Labour & Service Law)
hi, I am selected in a govt job in rajasthan, but my wife filed a case on me in Madhya Pradesh under section 9 of Hindu marriage act. but as soon as she came to knew about my job she will try to ruin my carrier. she will definitely file a case on me in 498 A. My question is that can I join my government job in rajasthan , if I face a trail of 498 A. because she will blackmail me for money. we both are not in touch from last 5 years
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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Dear,
dont worry your wife can not do anything in such condition when you have been living apart from last 5 years and secnd she will have toprove cruelty and torture which are essential elements in such cases . contact with full detail dont worry join your job.
dont worry your wife can not do anything in such condition when you have been living apart from last 5 years and secnd she will have toprove cruelty and torture which are essential elements in such cases . contact with full detail dont worry join your job.
Helpful?
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Adv. Devesh Tripathi
Jaipur | 100+ Answers
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