Got selected in govt. job. Joining process started. IPC case pennding.


I got selected in a central govt job and the joining process is started.But a court case is pending in which IPC sections 420,193,181 are imposed on me.I want to know whether I can get a job with this case or not. I have to mention about all the particulars in the attestation forms sent to me.what would u advice?Is there any rule in the manuals that a person with a pending court case cannot be employed in a govt dept.

Answer

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.

 

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Answers (3)

Dear Concerned,

The question, as to whether pendency of a Criminal Case is a bar for getting a Govt. Job, is to be answered on the basis of the particular eligibility criteria of that job. Normally, in such cases, the persons, against whom charges stand framed, are not considered by the Employer for consideration for the job. You definitely have to disclose all particulars in the application. Also please provide the stage of proceedings in the Criminal Matter. Try to get the said proceedings quashed or seek a discharge under section 227 Cr. P.C. if the stage and need warrants.


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To answer this query I need more details about which government job you are referring to so that I can check the applicable civil service rules / Standing orders. But in any case make sure you do not give an incorrect answer about pendency of criminal case against you otherwise you will be in serious trouble. Do not suppress the fact of the pendency of the case against you in your application. The Supreme Court has held that a person facing criminal cases cannot be considered suitable for appointment in government service unless acquitted of the charges but I think you should still make the application, as you have nothing to lose. They may take a lenient view since they may consider these charges not to be so serious.

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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.

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