Regarding railway appointment with a case pending on me
vinay Singh
(Querist) 26 August 2020
This query is : Resolved
Sir i have got selected in railway but in my attestation form i have mentioned about the case 498a and domestic violence is pending against me in court .so what i have to do for rwmoving my name from case or anything else to get the appointment.
kavksatyanarayana
(Expert) 26 August 2020
When the case is pending in the court, it is not possible to remove your name from the case.
Sudhir Kumar, Advocate
(Expert) 27 August 2020
not an easy sail. the only possibility is quashing FIR by High Court.
Other possibility is if a compromise is struck then it may be bit easy for the high court to be requested to close the case. Since case being non-compoundable mere compromise is not enough.
Dr J C Vashista
(Expert) 27 August 2020
What are you (relation) to the complainant as it would change the scenario as well as legal proposition?
Dr J C Vashista
(Expert) 27 August 2020
You should have disclosed the fact, since case(s) under Section 498A IPC and Section 12 of the Protection of Women from Domestic Violence Act, 2005.
Neither of the two case(s) do not involve moral turpitude of a candidate, which may affect your appointment / joining railway job.
Shilesh Patel
(Expert) 27 August 2020
Not possible until the case is fully disposed off.
Rajendra K Goyal
(Expert) 27 August 2020
Can take a chance for quashing of FIR against you from High court.
vinay Singh
(Querist) 27 August 2020
Sir the case is against my brother.
vinay Singh
(Querist) 27 August 2020
Sir can i approach to high court against railway that they are not giving me appointment on the grounds of 498a case pending.
Then what are the chances that i will get appointment after high court interference.
Well in these type of cases what will be the high court decision any references
Guest
(Expert) 28 August 2020
Refer the Orders in the Case of " Kapil Kumar VS M/O Railways on 30th August 2019 Pronounced by Jabalpur Bench -- circuit sitting Indore. Discuss in Detail with an Senior Advocate of your Place and Legally Proceed.
P. Venu
(Expert) 28 August 2020
Has the complete information has been furnished in the Attestation Form? Are you sure that the appointment as been denied because of the pending case? If so, the jurisdictional Bench of the CAT could be approached, not the High Court. However, the relief that could be got is a direction to the authorities to reconsider, not a direction for appointment.
Dr J C Vashista
(Expert) 28 August 2020
Since you are not an accused but just a respondent in the case u/s 12 of the PoWFDV Act, 2005.
Besides this, complaint u/s 498A IPC involves you indirectly.
Accordingly both the cases do not affect your appointment.
Dr J C Vashista
(Expert) 28 August 2020
Since you are not an accused but just a respondent in the case u/s 12 of the PoWFDV Act, 2005.
Besides this, complaint u/s 498A IPC involves you indirectly.
Accordingly both the cases do not affect your appointment.
vinay Singh
(Querist) 29 August 2020
Sir what if i approach to high court with a petition. Then what should be the result .any references for these type of cases regarding appointment with pending cases.
P. Venu
(Expert) 29 August 2020
There are two options available - you may approach the High Court under Section 482 CrPC for quashing of charges u/S 498A and/or approach the CAT as to denial of employment. The petition High Court would depend upon the content of the charge report.
Rajendra K Goyal
(Expert) 29 August 2020
Railway may consider after quashing of the FIR. As advised, can take a chance.
vinay Singh
(Querist) 29 August 2020
Sir railway do not deny for appointment but appointment will be given only when your case gets finalised.
Rajendra K Goyal
(Expert) 29 August 2020
Repeated query:
https://www.lawyersclubindia.com/experts/regarding-railway-appointment-with-a-case-pending-on-me-721596.asp
https://www.lawyersclubindia.com/experts/regarding-railway-appointment-with-a-case-pending-on-me-721641.asp
