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(Guest)

Mentioned unmarried in job application owing to 498a

Hello,

I have received joining orders from a public sector bank whose written and interview I have qualified successfully. However, there is one problem. I had metnioned in the job application that I am unmarried (there were three options to choose from Married, Judicially Divorced and Unmarried). 

I chose Unmarried as following my marriage my wife and I havfe been staying away for more than a year and recently owing to my decision to divorce her she has filed 498A against me. However, I have got bail till now for a period of 10-15 days and needs to be renewed each time by attending the court.

The question is, whether this would affect my joining? I hope there will be a police verification and I am scared whether this thing would come to light during police verification....Also please suggest what can be done now? If I am staying away from my wife due to our discord then I am practically unmarried and cant choose the third option as I am yet to be judicially separated.

Please advise how to tackle the police verification and how to keep up my job if i am to appear in court every 15-20 days of time to extend my Anticipatory Bail as it would mean taking a day off from job ... I want this job badly but I dont want this 498A which is based entrely on false grounds to eat up this golden oppurtunity of mine.

Please advise. Thanks  well in advance.



Learning

 17 Replies

Sudhir Kumar, Advocate (Advocate)     25 September 2015

fraud stands committed by you. you may alsohave tried to hide criminal case from PSU Bank?

(Guest)

@Mr. Sudhir Kumar ... Sir .. I dont mind your apprehended statement....but let me share a few details about my case which might help you assess the matter differently. There are several people who apply for government job and they claim to be unmarried...(If your wife abuses and hits your parents and leaves your house to stay with her boyfriend, i dont know how you say you are married)   According to my best knowledge ..that is no crime. When i had filled in the application for the bank job, i was married but my wife was not staying with me and during that time there was no case filed against me. So , my declaration "whether there is any case pending against you or you have ever been earrested" was right in saying "NO".

In the time of interview, there was no case filed.. so i gave the declaration as No.

in between interview and final results , the case was filed and i was falsely accused following to which I received anticipatory Bail. Now, the only thing i worry is police verification and if they give me a clean chit then will there be any implications of my employment.. because as far as i know 498 cant stop you from applying or getting recruited in a govt job.  I want to know if there is a provision to petition the court towards moving into mediation mentioning my job offer so that they can close the case. For police verification i will personally request the police to help me on this.please advise Mr. Kumar and others. This false case cant ruin my life and carrer like this. So , please gentleman help me out .I am fighting for justice here and nothing else.

Sudhir Kumar, Advocate (Advocate)     25 September 2015

you feel "because as far as i know 498 cant stop you from applying or getting recruited in a govt job. " any FIR against you is a hurdle in joining and you can never expect police to give you clean chit unless you are exonerated or FIR is quahsed.

Sudhir Kumar, Advocate (Advocate)     25 September 2015

you feel "i am to appear in court every 15-20 days of time to extend my Anticipatory Bail as it would mean taking a day off from job ." Even if you are allowed to join you cannot hide bail from deptt. It is for them to decide place of posting so you have to seek posting near to place of trail so that you can attend court and avoid bail cancellation.

SAINATH DEVALLA (LEGAL CONSULTANT)     25 September 2015

It is nothing but suppression of material facts and that too related to a criminal case.

If it comes to the notice of the Bank then someway or the other then U are in a soup.U may be needing the job very badly but not by hiding important facts relating to UR marriage and divorce.

Sudhir Kumar, Advocate (Advocate)     25 September 2015

I agreed with Mr Devalla that "If it comes to the notice of the Bank then someway or the other then U are in a soup." I would rather add that it is likely to come to notice of bank because your wife's family may not be onlooking helplessly and see you joining a secured PSU job. All they have to do is to send FIR copy of the bank if you are able to join by hiding facts.

Sudhir Kumar, Advocate (Advocate)     25 September 2015

further you said "(If your wife abuses and hits your parents and leaves your house to stay with her boyfriend, i dont know how you say you are married)" Sorry you are married. Character of your wife has nothing to do with the fact that you are her husband does not matter whether she stays with you.

Sudhir Kumar, Advocate (Advocate)     25 September 2015

you said "This false case cant ruin my life and carrer like this." I wish if you were right.

Sudhir Kumar, Advocate (Advocate)     25 September 2015

"because as far as i know 498 cant stop you from applying or getting recruited in a govt job. " Even if some is already in job he can be suspended even without being arrested. But deptts generally wait for 48 hours custody.

SAINATH DEVALLA (LEGAL CONSULTANT)     25 September 2015

Apt conclusiion by Adv Sudhirji

advocatepassy@gmail.com 971794 (Advocate)     25 September 2015

Better tell the situation to your prospective employer so that they can take legal opinion on your case. They will not let you go if they think that yiu are the most suitable for that job. These family problems should not come in the way to your job

Sudhir Kumar, Advocate (Advocate)     26 September 2015

Sorry to differ with Mr Passy. In Govt sector the suitability of candidate is secondary and primary is his eligibility. There are more than 1000 suitable candidates on one post in Govt sector. when FIR is registered the problem no more remains family problem and it becomes subject matter of a criminal process. WHen matter becomes criminal then it is hurdle in joining or peaceful remaining in Govt service. But I have to agree with Mr Passy that he has no choice but to report truth to the prospective govt employer.

babita rajput   29 September 2015

1. There is no such provision which makes a married man's status as unmarried merely because his wife stays away from him. You are very much married in the eyes of law. 

2. as u entered wrong credentials in the psu form , it amounts to forgery and conceilment of information.

3. had u entered the right marital status then the psu wouldnt have been taking any action against you, except they can suspend you till the proceedings of your case continues. as you have conceiled the facts from ur prospective employer, they have right to terminate you, r not to offer to you the job.

Sudhir Kumar, Advocate (Advocate)     29 September 2015

hiding marriage is one aspect another much serious issue is that you are also hiding FIR against you which PSU will even otherwise come to know. Chances can be there that you may be able to win the criminal case but at the fag end of service PSU may come to know that you joined by hiding criminal case.

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