498a is going to screw my brother's Govt. carrier.
Shravan
(Querist) 04 June 2014
This query is : Resolved
Dear experts,
My story in short
* got married on 13/3/11
* blessed with female child in Apr, 12
* several times threatened to file 498a. Got settled in front of caste elders, twice given self authorisation letter that these kind of mistake she won't repeat in the future.
* still did not change her attitude continued in same way.
*vexed with her attitude...... to get rid of her filed divorce in return expecting 498a
* as expected filed 498a on me n family. police charge sheeted against A1only, deleted A2-A5 with the DSP investigation report
* she filed private complaint (protest petition) against A2-A5 in the court. After 5 months pending yesterday on 29/6/14 judge included A2-A5 in 498a without even giving notice/intimation to me or my family. Judge simply telling that if u don't satisfy with my order go for appeal in higher court.
* my younger brother got selected for govt job in last month and he is going to join in govt services by 10/6/14.
* my worry is about my younger brother's carrier. I really don't wanted see my brother's carrier ruined jus because of this false case.
My queries are
Is there any provision that a person who is accused in 498a is not eligible to join in andhrapradesh state govt services.
If YES pls pls pls guide me how to safe guard my brother carrier and his job (he is a brilliant student in studies)
If It is NOT going to effect my brother carrier/job pls provide me legal path to be followed...
I'm awaiting for your value suggestions and legal path to b followed..,
Rgds,
Shravan
Devajyoti Barman
(Expert) 04 June 2014
It is discretion of the govt to allow a accused person to join a govt. job.
Sudhir Kumar, Advocate
(Expert) 05 June 2014
Most likely the police verification would have been completed that is the reason he has been given joining date.
But on joining he will be under probation for two years and such like cases do not resolve so soon. If criminal case is pending then he would not be able to complete probation.
faced in the situation there may be no option to try quashing of decision of inclusion of his name in the chargesheet.
So you have to meet a good advocate near your place.
Dr J C Vashista
(Expert) 05 June 2014
I agree with experts, nothing more to add and now it is yur turn to proceed as advised.
Guest
(Expert) 05 June 2014
If not arrested so far, he may avoid arrest till he joins his post on due date.
But, if arrested any time during service, his detention in police or judicial custody for more than 48 hours may affect his career, as that may lead to his suspension from service and reinstatement/ regulation of suspension period would depend upon his honourable acquittal from the charge by the court. If punished by court, his dismissal from serve would not be possible to be avoided.
So he should fight the case quite effectively through a well experienced advocate in such matters.
Rajendra K Goyal
(Expert) 05 June 2014
Agree with the experts.
Repeated query, for any further query use same thread:
http://www.lawyersclubindia.com/experts/Protest-petition-in-498a-442646.asp
http://www.lawyersclubindia.com/experts/498a-is-going-to-screw-my-brother-s-Govt-carrier--476146.asp#.U4_mzyhKqRQ
ajay sethi
(Expert) 05 June 2014
repeated query no reply
V R SHROFF
(Expert) 05 June 2014
If repeated query =no reply
Biswanath Roy
(Expert) 06 June 2014
When physical investigation report of DCP deleted A2-5 FROM THE ALLEGATION U/S.498A and did not mention their names in the charge sheet then on what basis the judge included their names again as accused on suo-moto? What was the allegation of your wife against charge sheet submitted by the Police? Against such Suo moto inclusion of names you may prefer an appeal in the High Court. Secondly unless your brother is charge sheeted in any cognizable offence his Govt.service cannot be affected.
Sudhir Kumar, Advocate
(Expert) 06 June 2014
I do not tend to agree.
Your brother will not be able to join even if criminal case (cognizable /non-cognizable) is pending at any stage.
Biswanath Roy
(Expert) 06 June 2014
Question of constitutionality can be raised when the Representative of the Peoples Act cannot be the bar on such a question.Adoption of Discriminatory Policy is barred by our Constitution.
T. Kalaiselvan, Advocate
(Expert) 07 June 2014
Until proved guilty, the accused is innocent, hence mere case before court u/s 498a will not stand in his way as obstruction for his career. the outcome of the case, if convicted, he will prefer an appeal, after that if the conviction is confirmed, then he may think about his career, it is still a long way to go and mostly many of 498a cases end up in acquittal. So nothing t worry so soon.
Sudhir Kumar, Advocate
(Expert) 07 June 2014
I agree with Mr Kalaiselvan that "Until proved guilty, the accused is innocent"
BUT BUT BUT
Unfortunately this does not happen in service matters. In service matters one is presumed guilty till proved innocent and till such time he has to face all the disabilities as such.
So unless (as suggested by Mr Biswanath Roy) the inclusion has be be challenged and got quashed from High court.
