does criminal record effect government job
dilip gaur
(Querist) 29 June 2015
This query is : Resolved
a person been charged with section 323 341 427 is eligible for government job
dilip gaur
(Querist) 29 June 2015
Kindly provided information
Advocate M.Bhadra
(Expert) 29 June 2015
If an FIR is registered with a Police Station then the accused have to face the problem to get Govt.job.
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State Of West Bengal & Ors. Vs. Nazrul Islam (Supreme Court) A person facing criminal cases cannot be considered suitable for appointment in government service unless acquitted of the charges, the Supreme Court has held. Quashing the appointment of constable SK Nazrul Islam, the apex court said, “Surely, the authorities entrusted with the responsibility of appointing constables were under duty to verify the antecedents of a candidate to find out whether he is suitable for the post of constable.”
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But if it is a private criminal complaint case in court(u/sec.200 Cr.P.C.)then it will be no problem to get the Govt. employment.
P. Venu
(Expert) 29 June 2015
Pl.post complete information on the specific problem, if any.
Raj Kumar Makkad
(Expert) 30 June 2015
No is the general reply but you become specific so that specific reply may be given to you.
Sudhir Kumar, Advocate
(Expert) 01 July 2015
agreed with Mr Makkar.
Partially agreed with Mr Bhadra. the fate will be same even if the complaint is private because this also amounts to pending criminal case.
dev kapoor
(Expert) 11 July 2015
Hi,
Obviously NOT as every accused is 'innocent unless proved guilty' is the principle that cannot be made departure from even while considering fresh appointment.Even conviction of an employee will seldom effect his service if it is under sections mentioned by qnr.Indeed if the case is one of 'moral turpitude' position will be different......
Sudhir Kumar, Advocate
(Expert) 11 July 2015
"as every accused is 'innocent unless proved guilty'"
This happens every where else other the Govt service rules in Service rules the concept is that everyone has to be presumed guilty till proved innosent.
No entry for a person accused in criminal case and even acquittal on technical grounds also does not open the key.
P. Venu
(Expert) 11 July 2015
There is no service rule to the effect that "everyone has to be presumed guilty till proved innocent". However, that exactly is the state of affairs prevalent in public services unless one has a Godfather.
Sudhir Kumar, Advocate
(Expert) 12 July 2015
Mr P Venu commente3d
[There is no service rule to the effect that "everyone has to be presumed guilty till proved innocent"}
Whenever any discip;linary/criminal case is pending (true/false) an employee is not:-
(i)allowed to be promoted (or get financial upgradation) even if there is vacancy and he is found suitable.
(ii) allowed to seek VR.
(iii) allowed to draw pensin and DCRG if retired.
(iv) not allowed to apply for any deputation or remain on any deputation.
(v) not allowed to complete probation.
(vi) not allowed to continue on ad-hoc promotion.
(vii) not allowed any LTC (if allegations pertain to LTC.
(viii) not allowed to resign to take up higher appointment.
(ix) Not easily allowed leave for visit abroad.
Suepension.
(a) One is deemed suspended if in custody for 48+ hours whether custody is lawful or not.
(b) for ordering suspension one need not be proved guilty.
(c) during suspension all above disabilities are borne by employee even if suspension is unjustified/ illegal or by incompetent authority.
(d) not allowed to avail LTC for self (even if chages do not pertain to LTC).
(e) not allowed to draw more than 50% to 75% of wages (that too if he timely submits certificate of non-employment elsewhere or else get no money).
(f) Not allowed to enter office.
If is is proved innocent then above injsutice can only be mitigated to the extent that :-
(I) if promotion is withheld he will be given promotion without arrears.
(II) If pension gratuity is withheld he will be given the same with arrears but without interest.
(III) If LTC is withheld it will be given even if period has exceeded.
(V) if suspension was there then he may/may not be given balance of wages and the period may/or may not be counted as pensionable service.
No other injustice is mitigated.
Sudhir Kumar, Advocate
(Expert) 12 July 2015
as far as person seeking employment in Govt is concerned, he may be the best selected candidate and well qualified but not allowed to join as long as criminal case is pending against him or if already in service then a disciplinary case is pending.
