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Sumeet   12 December 2017

[Need Expert Advice]CRIMINAL CASE VS UPSC IAS/IPS

if any candidate caught by police and charged with Act 392 & 397 ..after that he arrested and went jail for 2 months..after all the trail was running then after 8 years the candidate acquitted by court from all charges.

in above situation ..

Will UPSC consider it eligible for ias or ips?

Will he be considered disqualifie?


Will he be eligible even after he is acquitted of serious crime?


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 9 Replies

R Trivedi (advocate.dma@gmail.com)     12 December 2017

He is eligible for everything.

Sumeet   12 December 2017

I think this is not an answer.

Sumeet   12 December 2017

Please need expert advice!

SIVARAMAPRASAD KAPPAGANTU (Retired Manager)     13 December 2017

While applying and while appearing for the interview (after being successful in the written test), forms have to be filled up.  If in such forms there is need to mention about the previous arrest etc. You have to mention the details including being imprisoned and acquitted later on.  In any case, if you are selected in UPSC, Government entrusts the names of the selected candidates to local police and/or CBI for verification and on receipt of satisfactory Police Enquiry report only the candidate is allowed to join duties.

Sumeet   13 December 2017

But my question is Will UPSC consider it eligible for ias or ips after acquitted from serious crime? Will he be considered disqualifie? Will he be eligible even after he is acquitted of serious crime?

SIVARAMAPRASAD KAPPAGANTU (Retired Manager)     13 December 2017

Following is a relevant case law in this regard.  However, the criminal case was still pending against the applicant when his appointment was to be given.  You may go through the details of the case with the help of following link:

Court ordered that the appointment shall be subject to the outcome of the case, which means, if the applicant is convicted, he shall lose the job.

https://indiankanoon.org/doc/1596965/

 

In your case, you were acquitted.  Therefore, there shall not be any problem.  Better to reveal all the details upfront.

Sumeet   13 December 2017

Thankyou siva sir but I heard that there is two kind of acquittal "Honorable acquittal and acquittal on doubt".What about it?Is this keep serious matter for upsc? And the second imp question is, They should ask mainly two thing, First,is there any trail pending on you? & Second Has the court found you guilty? But they asked for has you arrested? Have you went jail? Why they ask for this?

P. Venu (Advocate)     13 December 2017

No details of any arest, investigation or trial need to be mentioned while applying for any post in public service. These details are to be furnished in the attestation form once you have selected for appointment. As such, your query is premature.

Sudhir Kumar, Advocate (Advocate)     06 January 2018

Originally posted by : Sumeet
Thankyou siva sir but I heard that there is two kind of acquittal "Honorable acquittal and acquittal on doubt".What about it?Is this keep serious matter for upsc?

And the second imp question is,

They should ask mainly two thing,
First,is there any trail pending on you?
& Second Has the court found you guilty?

But they asked for has you arrested?
Have you went jail?
Why they ask for this?

 

It is a matter of plicy for the govt to decide the attestation form.  this form has no mandate to change the form.

 

UPSC itslef makes no verification.  This is done by the deptt who issued offer of appointment.


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