regarding civil service exam
Elango subramanian
(Querist) 30 September 2016
This query is : Resolved
sir , iam preparing for civil service examination . When i was studying 12 standard attempt to murder case was filed against me along with my family members as Accused 3 . later, the case was compromised and acquitted by the district court.
1. can i eligible to get the ias service if pass the exam?
2. is it necessary to quash the FIR against me in high court ( on acquitted case) is it possible ?
Raj Kumar Makkad
(Expert) 30 September 2016
1. Yes.
2. No.
As the matter had been compromised means it was not proved against you hence you are innocent and have no criminal record thereto.
Better to possess the certified copies of entire concerned material for future reference.
Sudhir Kumar, Advocate
(Expert) 01 October 2016
tHE SKETCHY FACTS GIVEN BY YOU NOT REVEALING THE CASE DETAILS TO ENABLE FORMATION OF A CLEAR VIEW.
Section 307 is non-compoundable so it is not understood was to what do you mean that the case was compromised. One has to see the judgement to understand whether you have been acquitted on merit or just let off.
As suggested by Mr Makkar you have to apply for copy of the entire case file from court.
YOUR SPECIFIC QUESTIONS ARE
1. can i eligible to get the ias service if pass the exam?
FIRST OF ALL BE ENLIGHTENED THAT POLICE VERIFICATION NORMS AND PROCEDURE IS SAME (ABSOLUTELY SAME) FOR ALL POSTS OF GOVT INCLUDING THE LOWEST PAID ONE.
SO BEING CANDIDATE IN CIVIL SERVICES YOU ARE ON NO DIFFERENT PEDESTAL.
YOU CAN HOPE TO BE ELIGIBLE ONLY IF YOU ARE ACQUITTED ON MERIT.
2. is it necessary to quash the FIR against me in high court ( on acquitted case) is it possible ?
SINCE THE CASE IS NO MORE PENDING THE QUASHING PER-SE IS NOT OPEN.
Guest
(Expert) 01 October 2016
Right now you don't have any legal problem.
Consult the detailed pamphlet for prescribed conditions for the competitive exam before making an application, as the conditions of only that time may prevail for your guidance. Moreover, mere passing of the exam cannot be the guarantee of your posting on the job, eligibility conditions after passing the exam would be relevant for appointment.
adv.bharat @ PUNE
(Expert) 01 October 2016
U need to read your terms of appointment & eligibility criteria.
Rajendra K Goyal
(Expert) 01 October 2016
Agree with the expert P.S. Dhingra ji.
Elango subramanian
(Querist) 01 October 2016
One more thing sir, have anyone got service like this kind of situation
Guest
(Expert) 01 October 2016
Mr. Elango,
You have knocked the wrong door by raising absolutely vague question here,. e.g., "One more thing sir, have anyone got service like this kind of situation."
For yyour information, neither UPSC nor SSC ar reporting to the LCI or its members about such type of cases of selection.
You may better ask the information through RTI from the concerned organisation.
Elango subramanian
(Querist) 01 October 2016
Thank you for your cooperation and patience sir..
Sudhir Kumar, Advocate
(Expert) 01 October 2016
further more UPSC / SSC /BSRB / RRC etc are not the authority who will get police verification.
Raj Kumar Makkad
(Expert) 01 October 2016
@Sudhir Sir! While replying the query, it was also in the mind that the section is non-compoundable and cognizable which cannot be got compromised principally but Hon'ble Supreme Court as well as many High Court have allowed parties to make compromise even under this section even if the trial court has found the allegations true and has convicted the accused persons.
I suggested to obtain complete file accordingly. Thanks for making me corrected.
Guest
(Expert) 02 October 2016
Makkad ji,
In fact, we are striking our head just to solve the academic query for and on behalf of the author. There seems no point in further discussion about seemingly a hypothetical crime.
Ms.Usha Kapoor
(Expert) 02 October 2016
He may have been given benefit of doubt and let off. This query is hereby resolved.No mor4 discusssions.
Sudhir Kumar, Advocate
(Expert) 02 October 2016
There is no material in the given facts to presume that there was benefit of doubt.
Raj Kumar Makkad
(Expert) 02 October 2016
Without the involvement of the author, every opinion is based upon presumption which may be true and even may not be.
