Police verification
Querist :
Anonymous
(Querist) 28 August 2016
This query is : Resolved
One of my friends joined Indian army in 2004.He left the job in 2008.He came home on leave and did not return his unit.Later he sent his resignation letter and army Id-card by registered post.In that time police came to his house once for enquiry.Thence there is no further enquiry neither from police nor from his unit so far.Now in 2016 he cleared the mains of west bengal civil service exam and faced the interview successfully.He is sure to get an appointment.will there be any problem regarding police verification due to his previous army job?
Querist :
Anonymous
(Querist) 28 August 2016
Sir,would you kindly explain what kind of problem he may face?
Sudhir Kumar, Advocate
(Expert) 28 August 2016
Yes.
First of all Mr Anonymous. I should not entertain the anonymous query as the experts avoid. But this query is full of misconception and made by ill informed person. I respond for the benefit of others.
I also understand that it is you not your friend.
Sudhir Kumar, Advocate
(Expert) 28 August 2016
Firstly a peson joining service under Army/AirForce/Navy Act has no right of resignation like a civilian. The difference is that resignation is allowed to them as a matter of concession.
Secondly there is no concept of deemed acceptance of resignation or deemed dismissal in absentia.
You came home on leave and never returned and sent resignation. After expiry of leave th said soldier is declared deserter and directions are issued to police to take him in custody. Commanding Officer is duty bound to to do so.
On reciept of this notic ethe police has a duty to :-
(i) trace him
(ii) arrest him
(iii) seek court's order
(iv) transmit him to provost custody.
This makes him with "pending disciplinary case" and is a valid ground of rejection of resignation.
You have said that police did come. It implies that the aforesaid action has been taken by the unit.
You said that police never came against. You have conveniently hidden whether the police met the deserter or not and if not returned how were they managed. No need to say that the police was heavily bribed and they omitted to take diligent efforts to trace him and increase their paper work.
But this does not alter his status. In the eye of law :-
(i) he is still open the strength of Army (no matter if not doing duty and not getting salary).
(ii) he is still on wanted list of the police.
(iii) while employed "X" deptt he cannot join "Y" deptt.
Kumar Doab
(Expert) 28 August 2016
Repeated also;
http://www.lawyersclubindia.com/experts/Police-verification-613931.asp
Querist :
Anonymous
(Querist) 28 August 2016
Thank you sir for your precious reply.
R.K Nanda
(Expert) 28 August 2016
Repeated query.
Guest
(Expert) 28 August 2016
Anonymous query.
Moreover, presently no problem to your friend. Moreover, your query, will there be any problem regarding police verification due to his previous army job," is vague. Whenever any problem arises, only then discuss the nature of problem that actually happens. No use of discussing the same now.
By the way, even if some one replies your query with negative assumptions, what do you propose to do for your friend to avert that instance?
Querist :
Anonymous
(Querist) 28 August 2016
Sir, should he conceal or disclose it in the verification roll?
adv.bharat @ PUNE
(Expert) 29 August 2016
Repeated and anonymous query.
Hence No reply.
Rajendra K Goyal
(Expert) 29 August 2016
No reply to query from anonymous author.
Raj Kumar Makkad
(Expert) 29 August 2016
As per common decision, query raised by anonymous is not to be attended but even then some of the experts have violated this general decision which is very shameful.
Raj Kumar Makkad
(Expert) 29 August 2016
Experts are free to review their decision either to attend or discard such queries so as to maintain equity. It is not good that some are following and others are violating. It gives a bad picture to querists.
Kumar Doab
(Expert) 30 August 2016
Senior Expert Mr. Raj Kumar Makkad is absolutely right.
Other senior experts have also been posting to not to reply to queries by anonymous authors.
Rajendra K Goyal
(Expert) 31 August 2016
I also agree with the views from expert raj kumar makkad.
