Querist :
Anonymous
(Querist) 14 June 2011
This query is : Resolved
My wife lodged a false FIR u/s 498a, 323, 504, 506. i am a govt. servant and due to this my promotion has been witheld by the office. i have 2 quaries: (1) WHETHER THE CHARGESHEET OF THE POLICE CAN BE QUASHED (2) WHETHER THE OFFICE CAN WITHELD MY PROMOTION JUST BECAUSE AN FIR HAS BEEN LODGED AGAINST ME
Querist :
Anonymous
(Querist) 14 June 2011
CAN SOME BODY HELP ME ON THE ABOVE QUERY
PALNITKAR V.V.
(Expert) 14 June 2011
1. Chargesheet can be quashed provided that there is no prima facie case against you for any of the charges. 2. In fact promotion ought not to have been withheld just due to filing of FIR. I dont know if you were arrested in the matter. But arrest of a govt servant in a crime may become a hurdle in his career.
Devajyoti Barman
(Expert) 14 June 2011
Quashing of charge sheet is allowed only in rarest of rare cases as the Court is supposed to exercise this power very sparingly.
Though law does not provide for withholding of promotion but pendency pf a criminal case does pose a grave threat in the career graph of an employee.
Trouble Logging in? Try following the given steps -
1. Visit your inbox to find a confirmation mail from LAWyersClubIndia.
2. Click on the confirmation link and confirm your signup