Bank job with pending 498 a case
Querist :
Anonymous
(Querist) 25 May 2021
This query is : Resolved
SIR, I HAVE BEEN SELECTED AS A CLERK IN PUNJAB NATONAL BANK. HOWEVER A CASE OF FALSE 498 A IS PENDING AGAINST ME FILED BY WIFE AND FIR WAS ALSO FILED FOR THE SAME. I HAVE NOT BEEN ARRESTED/ DETAINED FOR THE SAME. BUT TOOK ANTICIPATORY BAIL. PRESENTLY CHARGE SHEET IS FILED IN COURT BUT NO HEARING HAS BEEN HELD TILL NOW. IN APPLICATION THERE WAS A QUERY " WHETHER ANY PROSECUTION/ DETENTION/FINE/ CONVICTION/SENTENCE AGAINST YOU HAS BEEN AWARDED BY ANY COURT OF LAW FOR ANY OFFENCE". MY REPLY TO THE SAME WAS " NO" . . HOWEVER DOCUMENT VERIFICATION IS PENDING AND I WILL MENTION THE PENDING CASE STATUS DURING THE DOCUMENT VERIFICATION. MY QUERY IS ,DOES A CASE OF PENDING 498 A IS CAUSE FOR REJECTION OF JOB IN PUBLIC SECTOR BANKS ?
2. IF I AM SELECTED I WILL BE ON PROBATION FOR 06 MONTHS WHICH IS SUBJECT TO SATISFACTORY POLICE VERIFICATION REPORT. SO WHAT ARE MY CHANCES FOR GETTING A SATISFACTORY REPORT FROM POLICE AND FURTHER CONFIRMATION OF BANK SERVICE ? .
Querist :
Anonymous
(Querist) 25 May 2021
kindly reply this thread
T. Kalaiselvan, Advocate
(Expert) 25 May 2021
if an aspirant applies for employment and furnishes incorrect information or suppresses material information, which is required for verification of antecedents, then he can be non-suited for appointment. Suppression of material information presupposes that what is suppressed that "matters" not every technical or trivial matter. The employer has to act on due consideration of rules/instructions, if any, in exercise of powers in order to cancel candidature.
suppression of an information and not filling up the requisite columns which are mandatory, rendered an aspirant to declare him unfit for the post whether his offence is minor or major which will be decided after the decision by the criminal court.
If the fact that false information has been furnished or that there has been suppression of any factual information in the attestation form comes to notice, at any time, during the service or a person, his services would be liable to be terminated".
Withholding of material information sought by the employer or furnishing false information itself amounts to moral turpitude and is separate and distinct from the involvement in a criminal case. Dishonesty is not permitted in law to bear the fruit and benefit those persons who have defrauded or misrepresented themselves.
verification form requires certain information to be furnished, declarant is duty-bound to furnish it correctly and any suppression of material facts or submitting false information, may by itself lead to termination of his services or cancellation of candidature in an appropriate case.
Purpose of calling for information regarding involvement in any criminal case or detention or conviction is for the purpose of verification of the character/antecedents at the time of recruitment and suppression of such material information will have clear bearing on the character and antecedents of the candidate in relation to his appointment in service.
The person who suppressed the material information and/or gives false information cannot claim any right for appointment
Sudhir Kumar, Advocate
(Expert) 26 May 2021
agreeing with above views I will add as under
Q. SO WHAT ARE MY CHANCES FOR GETTING A SATISFACTORY REPORT FROM POLICE
Ans : Zero
Q. AND FURTHER CONFIRMATION OF BANK SERVICE ?
Ans : confirmation stage comes when employee is appointed and completes probation. In such case appointment letter itself is least likely to be issued.
.
P. Venu
(Expert) 26 May 2021
Were you in receipt of summons for trial while furnishing while furnishing "NO" reply? In case no summons has been received, how do you know that charge sheet has been filed?
Sudhir Kumar, Advocate
(Expert) 26 May 2021
The said form also contains question regarding pending criminal case /. detention/ bail etc.
what did you reply.
Querist :
Anonymous
(Querist) 26 May 2021
THANKS ALL FOR THE REPLY. I WAS NOT ISSUED SUMMONS,THROUGH ECOURT SERVICES STATUS SITE IT IS KNOWN THAT THE CASE IS SCHEDULED FOR NOV 2021, SO I PRESUME THE CHARGESHEET WOULD HAVE BEEN FILED.AS I SAID THE FORM HAD NO QUESTION ABOUT PENDING CASE/ BAIL ETC. THE EXACT WORDINGS WERE JUST THIS .
WHETHER AY PROSECUTION/ DETENTION/FINE/ CONVICTION/SENTENCE AGAINST YOU HAS BEEN AWARDED BY ANY COURT OF LAW FOR ANY OFFENCE?
FURTHER IN DOCUMENT VERIFICATION I MAY NEED TO FILL FORMS REGARDING PENDING CASE STATUS AND ALL WHICH I WILL REPLY IN AFFIRMATIVE. I HAVENT TRIED TO SUPPRESS ANY FACTS BEACUSE THERE WAS NO QUESTION ABOUT PENDING CASE / BAIL. SO AGAIN MY QUERY IS MERE PENDANCY OF A CASE THAT TOO 498 A WILL BE A CAUSE FOR REJECTION ?
2. WAS I SUPPOSED TO GIVE ANSWER AS YES IN THE FORM WHICH HAD NO QUERY ABOUT PENDING CASE/ BAIL. IN MY KNOWLEDGE I WAS NOT PROSECUTED/ DETAINED/FINE/ CONVICTED/SENTENCED AGAINST YOU HAS BEEN AWARDED BY ANY COURT TILL NOW .
T. Kalaiselvan, Advocate
(Expert) 26 May 2021
column requiring you to furnish information about the pendency of criminal case against you then it becomes your duty to reveal and divulge all the details about the pending case.
Since you got yourself enlarged on bail, you are very much in the knowledge of a pending criminal case against you hence you cannot claim innocence about it.
Just because there is a pending criminal case against you, the employer may not reject your candidature but he keep it in abeyance if you satisfy all other conditions for te employment, but if you suppress the information about the pendency of the criminal case against you, then that mounts to another offence against you.
Please be aware that withholding of material information sought by the employer or furnishing false information itself would amount to moral turpitude.
This would be termed as an act of dishonesty which would not be permitted in law.
Querist :
Anonymous
(Querist) 26 May 2021
NO QUESTION WAS ASKED REGARDING PENDANCY OF THE CASE.
P. Venu
(Expert) 28 May 2021
A dispassionate reading of the provisions of the CrPC suggests that ordinary citizen cannot be said to facing prosecution unless and until he received summons from the Trial Court. As such, in my understanding, it does not amount suppression of information in the context of whether any prosecution etc.
As regards to anticipatory bail, such bail could be sought on the apprehension of being arrested; as such, anticipatory bail sought or granted does not imply that a criminal case has been lodged against the petitioner. Moreover, anticipatory bail is sought at the stage when a FIR is lodged or likely to be lodged. It is not necessarily the situation that every FIR, every investigation leads to prosecution. Prosecution commences when the final charge report is submitted to the trial court and the accused cannot be said to in the know of the prosecution against him until he receives the summons.
In the instant case, it would be prudent on the part of the querist to inform the authority concerned immediately on the receipt of summons from the Trial Court.
Querist :
Anonymous
(Querist) 28 May 2021
Thank you venu sir for the reply and moreover the satisfying words. I would like to add few points without any offence to anyone. If it was asked about a pending case or an FIR, i would surely have said YES to the question that was asked. But words like prosecution etc are beyond understandable level of a common man who may not have run into the hands of law before any time in his/ her life. The whole idea of the query was to know about the general rule followed in public sector undertaking jobs when a case of 498 A was pending which was falsely framed. But here i was subjected to accusations of moral turpitude and suppression of facts and also expert guarantee of appointment letter least likely to be issued. I truly understand the fact that its a free service forum and i may not stand advised to my liking. Thanks to all experts for taking their time out to express their comments
