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Drunk and drive case

(Querist) 30 July 2019 This query is : Resolved 
Hi Sir
Iam a graduate(B tech completed).last year I get caught by police for drunk and drive.And an FIR was filed against me for drunk and drive.The court fined me 2500/- and three days jail.
Now iam preparing for government jobs.Will this drunk and drive FIR case cause be any problem for getting government jobs.
Please answer.
Thanking you in advance.
P. Venu (Expert) 30 July 2019
Was the decision on merits or had you pleaded guilty? What exactly had been the order imposing the punishment? Were you in jail as a part of punishment or otherwise?
Sarath (Querist) 30 July 2019
Actually I admitted that iam guilty.and I was in jail as punishment.will it cause any problem for getting job .please reply
Sudhir Kumar, Advocate (Expert) 31 July 2019
You stand convicted in a case which is professional misconduct for govt employee.

Appointment is purely at the discretion of the deptt where you are selected they may ignore this case or may not.
Sudhir Kumar, Advocate (Expert) 31 July 2019
repeated

http://www.lawyersclubindia.com/experts/Drunk-and-drive-FIR-case-710181.asp
Dr J C Vashista (Expert) 31 July 2019
It is not only illegal but also stupidity and ridiculous to drive after drink and repeat same story time and again.
Consult a local prudent lawyer for better appreciation of facts, guidance and proceeding if you feel dissatisfied with obligation of experts on this platform being FREE OF COST.
P. Venu (Expert) 01 August 2019
With due respect to learned expert Shri Sudhir Kumar it is stated that conviction in a criminal case inheres professional misconduct only if it involves moral turpitude. It is well settled that petty traffic offences do not involve moral turpitude and hence, if at all convicted, do not entail disciplinary proceedings while in service nor is it a impediment in in being appointed in public service.

However, a candidate needs to disclose the true information as and when required. This is generally required at the stage of submitting the attestation form once the candidate is selected for appointment. If at the stage, the competent authority, in its discretion, decides against issuing appointment/posting letter, there always are remedies available, both administrative as well judicial.

As such, the conviction, as stated, need not be botheration at this stage in applying for a job and/or making preparation, therefor.
Sudhir Kumar, Advocate (Expert) 01 August 2019
being found drunk in public place is a professional misconduct for a serving govt servant.
Guest (Expert) 01 August 2019
Quotes -- Author -- Charles Bukonski----" Alcohol is probably one of the greatest things to arrive up on the earth ---along side of me"
Guest (Expert) 01 August 2019
Author -- Joe Dude -- Quote -- " Becoming a Writer is a polite way of saying you've chosen Alcoholism as career "
Guest (Expert) 01 August 2019
On Monday July -29th -2019 Totally 1169 People (including women ) were booked by Bengaluru Police in three hours drive for Drunk Driving
Guest (Expert) 01 August 2019
None of them lost their jobs for that reason
Guest (Expert) 01 August 2019
Dear Querist -- Nothing to worry and concentrate on your interviews.
Sarath (Querist) 01 August 2019
Thank you for answering sir.
Sarath (Querist) 01 August 2019
Thank you for answering sir.
Guest (Expert) 02 August 2019
Welcome Mr.Sarath Please Concentrate on your interviews.
Guest (Expert) 02 August 2019
Mr.Sudhir Kumar -- Deputy Manager ( as mentioned ) Have you suspended or dismissed any of your people for consuming alcohol out of your place
Guest (Expert) 02 August 2019
30% of Indians (including Women ) consume alcohol
Guest (Expert) 02 August 2019
As on 29th September 2018 in India Alcohol consumption had doubled in 11 years -- WHO Report
Guest (Expert) 02 August 2019
People should visit Antartica where the Sun would be down almost all the day to know the importance of Alcohol
Sudhir Kumar, Advocate (Expert) 02 August 2019
every disciplinary case does not relate to suspension or dismissal.

for the knowledge of ignoratnts rule 22 of CCS(Conduct) rules is reproduced below :-

22. CONSUMPTION OF INTOXICATING DRINKS AND DRUGS:

A Government servant shall -

(a) strictly abide by any law relating to intoxicating drinks or drugs in force in any area in which he may happen to be for the time being;

(b) not be under the influence of any intoxicating drink or drug during the course of his duty and shall also take due care that the performance of his duties at any time is not affected in any way by the influence of such drink or drug;

(bb) refrain from consuming any intoxicating drink or drug in a public place;

(c) not appear in a public place in a state of intoxication;

(d) not use any intoxicating drink or drug to excess.

EXPLANATION.- For the purpose of this rule 'public place' means any place or premises (including a conveyance) to which the public have, or are permitted to have access, whether on payment or otherwise.

Guest (Expert) 02 August 2019
Mr.Sudhir Kumar -- Deputy Manager -- How your Paste and Post information would restrict the innocent Querist in the appointment of job please
Guest (Expert) 02 August 2019
Refer the Judgement Pronounced by Honorable Justice Badar Durez Ahmed and Honorable Justice V.K. Jain of Delhi High Court in the case of Devendra Kumar Yadav -VS- Nct of Delhi and Anr -- W.P (C) 8731 of 2011 on 30th March 2012.
Guest (Expert) 02 August 2019
Devendra Kumar Yadav was acquitted in two Criminal Cases and Delhi Police had denied him the appointment as Constable for this reason
Guest (Expert) 02 August 2019
But the Honorable Delhi High Court had ordered him the appointment.
Sudhir Kumar, Advocate (Expert) 03 August 2019
So this is not a case of acquittal.

It would be discretion of the deptt they may appoint him.

So let him get selected and then let this forum know whether deptt ignored this case or not.
Guest (Expert) 03 August 2019
First of all this is Not A Criminal Case
Guest (Expert) 03 August 2019
Drunk and Drive is Just a Traffic Violation and nothing to do with Job Career
Guest (Expert) 03 August 2019
That's why the Deputy Manager Mr.Sudhir Kumar was informed that on July 29th 2019 in our Bengaluru nearly 1169 persons inclusive of Women were booked for Drunk and Drive and none of them had lost their job for this reason
Guest (Expert) 03 August 2019
In July 2019 --2815 persons were booked for Drunk and Drive in Hyderabad and none of them lost their job for this reason.
Guest (Expert) 03 August 2019
Drunk and Drive -- It is Just a Minor Aberration and Misdemeanor and Not A Criminal or Serious Or Major Issue
Sudhir Kumar, Advocate (Expert) 03 August 2019
deptt may (or may not) show magnanimity ignore it.


This is not such a serious matter that deptt cannot ignore. They may ignore if they so desire.
Guest (Expert) 03 August 2019
Mr.Sudhir Kumar -- Deputy Manager -- Good and Appreciated
Guest (Expert) 03 August 2019
In Thailand the Passengers are allowed to Have a Drink in Trains as well
Guest (Expert) 03 August 2019
In Thailand your self could find Alcohol being sold at Provision Shops and Ordinary Stores at a very reasonable price as well


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