Joining a govt. post under w.b govt (gr-a, service) after having been chargesheeted in a false case.
ANINDYA
(Querist) 07 September 2014
This query is : Resolved
I was arrested along with my father on 20/05/14 on the basis of fake allegations brought by our Landlord under sections 341/323/384/385/34 IPC.
We were granted bail on 22/05/14(J/c for the 1 day in between).
In the charge sheet subsequently submitted by the I/O (on 24/05/14) prima facie charges u/s 341/323/506/506/34IPC have been established & the matter is to be tried in an open court although no document in our possession was examined by the I/O neither did he even speak to us.
My father has a prolonged dispute with the said Landlord and we have a permanent injunction(decree) in our favour since 2006 (the order still stands) over the premises we live in. Our tenancy over the premises was approved by the Court & the Landlord was permanently restrained from interfering with our peaceful possession.
I wanted to resolve the dispute between my father & the landlord. He willingly entered into a sale-agreement with me (& my mother, the prospective buyers)in April 2007 to sell the suit premises but failed to execute the contract owing to the fact that the power of attorney given to him by other heirs(his sisters) to the said property was not registered.He entered into 2 further agreements in July 2007 & in Nov 2007(seeking more time to get a registered power of attorney) but eventually could not lawfully transfer the property in our favour.
He filed a Misc Case (Civil Suit) in 2012 (to vacate the injunction)and we have filed a suit under Specific Performance of Contract a few days ago(We now realize it should have been done long back).
Presently, I have been selected for a Gr-A service under W.B Govt. and the police verification is impending for the same. Will I be able to join my new post?
If there could be any problems for the new job what are the earliest possible solutions? The Landlord gentleman having retired from service in 2013 is not interested in a compromise though.
Sudhir Kumar, Advocate
(Expert) 07 September 2014
You have confused the question.
Please be clear whether is or is not any criminal case pending against (no matter true or false).
ANINDYA
(Querist) 07 September 2014
Sorry for the confusion.
Yes, there IS a criminal suit that is going on.
I have mentioned the sections that were brought at the time of arrest & the revised sections that have been included in the chargesheet.
I have also tried to explain the prolonged dispute that we(essentially my Dad)have had with this gentleman in connection with the house we reside in.
Sudhir Kumar, Advocate
(Expert) 07 September 2014
So there is a criminal case pending [ALL OTHER FACTS ARE IRRELEVANT FOR THE DEPTT WHO SELECTED YOU]
This will be hurdle in clearing police verification.
ANINDYA
(Querist) 07 September 2014
I have been selected by the Public Service Commission, W.B. & they have recommended my name to the concerned department.
There was no litigation/charge at the time of applying.
Can you please suggest what can I do to hasten the process and get myself cleared of the charges.Because, the next date for the case is in MAY, 2015.
Devajyoti Barman
(Expert) 07 September 2014
Only with the hel0 of your landlord/de facto complainant you can get yourself cleared from all the charges.
The charges however are not of natures involving breach of moral turpitude and the state at its discretion may allow to join the services but there is no guarantee for the same.
Compromise with the landlord at the earliest. He is the only key to the gate of your WBCS(Exe) job.
Sudhir Kumar, Advocate
(Expert) 08 September 2014
I partialy agree with Mr Barman and I will add that it is immaterail what the charges are. Relevant is that criminal case is pending.
You may either go to high court for quashing of FIR of seek mercy of opposite party and get the matter closed.
Rajendra K Goyal
(Expert) 08 September 2014
There may be hurdle in clearance of police verification. Try to have amicable settlement with the landlord.
ANINDYA
(Querist) 08 September 2014
But Sir, the point is how can 1 compromise with a person who brings baseless allegations against you??... Can it ever be on even terms? The gentleman himself having retired from Govt. Service is feeling safe...and dosen't care of reciprocal retaliation on our part?
Is there no other alternative?
Are the 'hurdles' indeed insurmountable otherwise(i.e. without an uneven compromise)?
Sudhir Kumar, Advocate
(Expert) 08 September 2014
In that case try for some other job.
You may not like this suggestion but sorry you have come to this forum for advise and not for goodies goodie talks.
malipeddi jaggarao
(Expert) 08 September 2014
I fully agree with experts Shri Sudhir Kumar and Shri Barman. You are only two alternatives. Either to clear the hurdles for the Government posting or search for another job. You have two alternatives if you choose for the posting: 1) Buy peace with the landlord 2) Take steps for quashing the criminal case. Second one is very difficult within the time frame. It is for you to decide. Since it is of our your future, why do't you have a talk with the land lord and settle the matter?
ANINDYA
(Querist) 08 September 2014
Sir,
I am already working as an Assistant Teacher in a Govt. Sponsored H.S School in W.B...so how can I continue in my present job whereas not be allowed to join in a diff. job under the same Govt.?
If giving in to a baseless allegation is the only option that 'experts' have in this case then why trouble the Hon'ble Courts at all by making them hear a case where the judgement has already been passed(by the police)?
The chargesheet itself seems to be Sacrosanct in the eyes of law.
Pardon my ignorance and the trouble caused to the experts on your forum.
Sudhir Kumar, Advocate
(Expert) 08 September 2014
BE CLEAR
WE ARE NOT HERE TO CHANGE THE PROVISIONS.
Whether your present employer is ware of the case?
ANINDYA
(Querist) 08 September 2014
Yes my employers/superiors/department are well of the entire matter.
And the laws seem to be quite clear on this issue, at least to the uninitiated.
If a person is detained for a period exceeding 48 hours, and released there upon, his period of detention will be deemed to be a period of suspension(i.e One's free to join one's post upon release from detention).
If exonerated by the courts the suspension will automatically be erased from the service records and if convicted suitable disciplinary action will be adopted.
There is no mention of the punishment that is to be given for being charge sheeted.
Sudhir Kumar, Advocate
(Expert) 08 September 2014
you said
"If a person is detained for a period exceeding 48 hours, and released there upon, his period of detention will be deemed to be a period of suspension(i.e One's free to join one's post upon release from detention"
You are sadly and badly mistaken.
Law is much more cruel. A govt servant in custody above 48 hours (justified or not) is deemed suspended. It means that unless the deptt revokes suspension he cannot resume duty and if there is no revoction order then entire salary drawn is irregular.
Sudhir Kumar, Advocate
(Expert) 08 September 2014
you said
"If exonerated by the courts the suspension will automatically be erased from the service record"
you are sadly and badly mistaken.
Law is much more cruel.
They disciplinary authority has to pass an order for treating period of suspension on duty/leave/non-qualifying.
IF exoneration is on procedural and technical ground then the department can consider feasibility of disciplinary action.
Sudhir Kumar, Advocate
(Expert) 08 September 2014
you said:-
"if convicted suitable disciplinary action will be adopted"
you are sadly and badly mistaken.
Law is much more cruel.
No disciplinary action is to be imitated if Govt servant is convicted. Simply a Show Cause Notice is to be issued and on hearing the reply the penalty of dismissal/removal/compulsory retirement can be passed.
Sudhir Kumar, Advocate
(Expert) 08 September 2014
you said:-
"There is no mention of the punishment that is to be given for being charge sheeted. "
you are sadly and badly mistaken.
Law is much more cruel.
if a govt employee is chargesheeted :-
(i) he cannot resign to take up higher post.
(ii) he cannot be promoted or given higher financial upgradation.
(iii) he cannot clear probation.
(iv) he cannot proceed on deputation
(v) if retired his PPO/gratuity/leave encasement cannot be released.
T. Kalaiselvan, Advocate
(Expert) 11 September 2014
What else, expert Mr. Sudhir Kumar and other experts have properly addressed your query, now it is on you to decide about further course of action on the new employment. My suggestion is, let the police verify and give its report, if based on the adverse report by police your new employer rejects your candidature, you may approach the authorities with an explanation about your position and status of the case etc, convince them and get yourself fitted into the new employment.
ANINDYA
(Querist) 01 October 2014
As regards the issue stated above, I had filed a Criminal Revision petition for stay and quashing of the criminal procedure pending at the court of the CJM.
The hon'ble High Court has put a stay on all proceedings at the CJM's court and has said that the matter is to be heard 4 wks after the reopening of the Court on 27 Oct.
Does this improve my chances in anyway so far as the Police Verification for the new job is concerned?
Sudhir Kumar, Advocate
(Expert) 01 October 2014
your question
"Does this improve my chances in anyway so far as the Police Verification for the new job is concerned? "
NOT AT ALL TILL NOW. LET THE FIR BE QUASHED.
S.B.adil rahman
(Expert) 21 October 2014
No appointment will be given to you until you clear the police verification which is invariably going to disclose that you are facing a criminal case. However, you can move to Calcutta High Court and make two types of prayer. First will be the direction upon the trial magistrate to conclude and give judgement in the prosecution case involving you within a period of three months. The second direction will be upon PSC WB and the Government of West Bengal to keep your vacancy reserved or in abeyance till the disposal of the case. This type of order had been passed by late Mr Justice K.M.Yusuf of Calcutta High Court in a case filed by a candidate who had qualified for the post of sub inspector in Calcutta Police but was unable to get the appointment due to a similar criminal case. In that case, the Additional Chief Judicial Magistrate, Sealdah had been ordered by Calcutta High Court to complete the trial and delivered the judgement within a span of three months. However, when the candidate came out clear from the criminal case it was found that his age for getting the appointment later had expired. He again went to the court of Mr Justice Yusuf who was pleased to order that the age of the candidate will not be a bar for getting the appointment later. The said candidate is now an inspector in Kolkata police. These types of orders are either passed under section 482 CRPC or under article 226 of the Constitution of India. You may try sincerely and can be pleaded by a reputed advocate/service matter lawyer or by an advocate who has knowledge of filing writs under the Constitution of India.
