498a case and gov job
ansh
(Querist) 28 July 2015
This query is : Resolved
Dear experts,
My wife filled 498a case including my younger sister 1 year back. Recently my sister selected in state goverment job as a clerk. She is not arrested got AB.
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My query is that she is elligible for this post or not as criminal case is going on. My laywer told me dont worry she can join the post, this cases take time to settle.
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Thanks in advance...
Laxmi Kant Joshi
(Expert) 28 July 2015
Yes she can join her service, mere on allegations a person cannot be treated as an accused and debarred from services for that conviction and punishment is necessary, fight your case and prove yourself and your sister innocent in it .
ansh
(Querist) 28 July 2015
Thank you so much sir......
ansh
(Querist) 28 July 2015
Sir, there is one column.
Is there any criminal case register or pending against you... she has to write YES in that case what happened.. she has to give right infornation..
Laxmi Kant Joshi
(Expert) 28 July 2015
Nothing will happen, she must fill right information, and secure her future .
ansh
(Querist) 28 July 2015
Thank you sir
ansh
(Querist) 28 July 2015
Thank you sir
Rajendra K Goyal
(Expert) 29 July 2015
She should not hide anything while filing of the form.
P. Venu
(Expert) 29 July 2015
Before joining, she need to fill in and submit the attestation form.
No false information should be furnished nor any information suppressed while filling up the said form.
Sudhir Kumar, Advocate
(Expert) 29 July 2015
Not good on your part to feed facts on installment basis. I do not understand why you have hidden the fact of colum in attestation form in original blog.
be sure that this form will be sent to the concerned thana and even if you hide facts they are bound to report truth (even if heavily bribed).
I do not stand with the views of Mr Joshi. In Service matter one is presumed guilty till exonerated. A person is not allowed to join against whom criminal case is pending.
Sudhir Kumar, Advocate
(Expert) 29 July 2015
You have still hiding facts.
There may still be another column seeking information on arrest and bail.
ansh
(Querist) 29 July 2015
No sir i am not hiding any details. She is recently selected on this post. now she has to fill attestation or declaration form in which there is coloum. She is going to give only right information, she is not hiding any details.
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According to sudhir sir, she is not elligible for this post.
Wow what a fu__ing law.
I am also preparing for PSUs. Sab chorr kar baith jao iska matlab kya mehnat karna phir jab kuch hona hi nahi hai to.
Kuch bhi ja ke police thane me likhwa do bas phir uski life carrier sab barbad ho jaega. Uske liye compensation bhi nahi.
ansh
(Querist) 29 July 2015
My elder sister also a gov employee. One more accused. Married leaving in another city. SHe got arrested with her husband and got regural bail. But she is doing her job without any problem. Then why my younger sister has to face this situation not even she is arrested.
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MY FIL got terminated under corruption charges red handed caught by anti bureau. He terminated after 7 years of incident. Jo sare-aam corruption karta hai uska kuch nhi hota. 498a me jo kuch ni karta iske lag jate hai.
M/s. Y-not legal services
(Expert) 30 July 2015
if she convict by the court of law mean then only she may face trouble for her job. unless no issue
SAINATH DEVALLA
(Expert) 01 August 2015
Mr.Ansh, what ever UR name may be
U have to use proper language while replying to the questions of the legal experts.This line Wow what a fu__ing law, is objectionable and cannot be repeated again.
U may have umpteen personal problems that UR headache,U R here to seek legal advice only from the legal experts of the forum,and it is UR duty to submit the case history in detail or else U will be the ultimate sufferer,without proper guidance.
Sudhir Kumar, Advocate
(Expert) 01 August 2015
you are using improper language.
do not for get you are here on a free advise. We are here for charity.
Sudhir Kumar, Advocate
(Expert) 01 August 2015
you said
"My elder sister also a gov employee. One more accused. Married leaving in another city. SHe got arrested with her husband and got regural bail. But she is doing her job without any problem. Then why my younger sister has to face this situation not even she is arrested."
We are not here to give reasons to you whether law is justified or not. I do have to agree or disagree with some experts on this aspect.
Further advise will be given if you behave properly and abstain from using provocative language.
SAINATH DEVALLA
(Expert) 02 August 2015
The query can be concluded as the querist has received more than his appetite
ansh
(Querist) 11 August 2015
Sorry to all for my language, but sir what can i do. Due to this false 498a i am going through very rough time. I lost my job after marriage, she included my younger sister name due to FIR her marriage not happening. I have not seen my 1.5 yrs daughter from past one year.
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Once again i apololigies to all. Sorry
ansh
(Querist) 11 August 2015
Sir but ye to bata do ki gov job me hoga kya. Sabhi alag alag bata rahe hai.
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As i am also giving PSUs exam. Jab kuch hoga nhi to kuch aur dekhna padega na.
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Sudhir Kumar, Advocate
(Expert) 19 August 2015
you have been told absolutely simply.
DURING PENDANCY OF CRIMINAL CASE NONE WILL BE ALLOWED TO JON GOVT/PSU JOB.
I strongly disagree with the view that only on conviction job can be denied.
Sudhir Kumar, Advocate
(Expert) 19 August 2015
you said
"According to sudhir sir, she is not elligible for this post. "
PLEASE PLEASE
Do not misundersnd or misquote. I never commented on the eligibility of particular post.
I only meant that during pendancy of criminal case one is not allowed to join the Govt post (even if selected on being found eligible and compatible).
SAINATH DEVALLA
(Expert) 19 August 2015
498A is a lethal weapon in the hands of woman,if she has all the valid evidences the accused may be convicted or else acquitted.One has to wait till the disposal of the case.There is no time limit for conclusion of these cases.So wait with patience and try to come out unhurt.
P. Venu
(Expert) 19 August 2015
The furnishing of Attestation form and the subsequent Police verification takes place after your sister has been selected for appointment.
If she furnishes true information and she is deprived employment only because of the pending case, the matter could be tested through an appropriate judicial review.
Sudhir Kumar, Advocate
(Expert) 19 August 2015
@ Mr Venu
I need guidance.
If a candidate is involved in a criminal case and is denied offer and offer given to next in waiting list. What judicial remedy he/she has years after when he/she is acquitted.
P. Venu
(Expert) 19 August 2015
It is my considered opinion that the role of experts in this Forum is to suggest remedies and instill hopes for those who are caught in the web of laws unwittingly.
Yes, we may be familiar with the rudiments of law. However, that does not entitle us to terrorize those who have reposed faith in us to seek our opinion.
Sudhir Kumar, Advocate
(Expert) 20 August 2015
True. we should instill hopes.
I also want to instill hopes to those caught in web.
I also have right to enhance my knowledge from fellow experts so that more hopes could be instilled.
Law operates on public servant or a candidate who is involved in criminal case (true/false, in such a way that that one is presumed guilty till acquitted that too on merits and not on procedural/ technical grounds.
My knowledge and experience (not perfect) does not provide any answer to this question
"If a candidate is involved in a criminal case and is denied offer and offer given to next in waiting list. What judicial remedy he/she has years after when he/she is acquitted. "
I shall be thankful if I could get breakthrough on this issue and I as well as the querist will be benefited.
