Criminal case u/s 420 can one eligible for govt services ?
s das
(Querist) 09 December 2014
This query is : Resolved
Dear Sir,
One of my friends past employer filed a criminal case u/s 420 a years ago but he is not principal accused.but till date police not provide charge sheet. Now my friend a govt job. What should he do ?
plz suggest ASAP.
ROHIT SHARMA
(Expert) 09 December 2014
1. If he was not detained in police or judicial custody more than 48 hrs then his Govt job is secured.
Rajendra K Goyal
(Expert) 09 December 2014
He should not hide the information to the government.
s das
(Querist) 09 December 2014
Dear Sir,
I just came to know that more charges has been given to my friend and sections are :
u/s 120B, 409, 420,467,468,471.
He is working in a private organisation under direct supervision of his boss. and he had to work what his boss was said.now company company has charged all the cases for misappropriation of companies fund and etc. but his boss who did this he accept and paid the amount mentioned in the FIR. then company filed a FIR against all who worked under his supervision including the boss.
So, in this case what should my friend do and how he will inform during the time of police verification ?
Guest
(Expert) 09 December 2014
Instead of Complicating the case seek an amicable solution.It is more than one year and No Charge Sheet had been filed yet and let your Friend Join the Govt Service as no case had been filed on him yet.
Anirudh
(Expert) 09 December 2014
This fellow joined this LCI on 30 October 2013.
This fellow enrolled with the Bar Council of Tamilnadu & Pondicherry under Enrolment No. 1506/2012.
But within one year, his profile boasts as under:
"My name is N.J.S.Rajkumar, practising Lawyer. My Advocate circle calls me Narasimha.
I am Very much specialised in SEBI cases and handled several issues successfully.. Also specialised in Criminal Law, Civil Law and Business Law and I also hold a Diploma in Cyber Law .
I had taken up several cases dropped by others and made it a good success.SPECIALISED IN HANDLING ANY DANGEROUS AND CHALLENGING SITUATIONS ANY WHERE INDIVIDUALLY.
MY address 54.PARASURAMA EASWARAN KOIL WEST MADA STREET, AYANAVARAM , CHENNAI 600023.Mobile 09444036927 and 09967476751
Email Id rajkumar_wins@rediffmail.com
I stay in Mumbai every 15 days of the month for the case purposes and very frequently to Hyderabad."
Every lawyer worth his salt, even if he is connected to a big lawyer family, will know what a person who just enrolled can do / achieve within a year. Whereas this fellows false profile claims the above without any basis. Can there be any false claim than this?
The querist should beware of taking advice from such person.
V R SHROFF
(Expert) 09 December 2014
why not get ANTICIPATORY BAIL TO AVOID 3 DAYS IMPRISONMENT ??
P. Venu
(Expert) 09 December 2014
Before joining the service your friend requires to submit an Attestation Form wherein the following information is sought:
"(a) Have you ever been arrested ? Yes/No
(b) Have you ever been prosecuted? Yes/No
(c) Have you ever been kept under detention? Yes/No
(d) Have you ever been bound down? Yes/No
(e) Have you ever been fined by a Court of Law? Yes/No
(f) Have you ever been convicted by a Court of law
for any offence ? Yes/No
(g) Gave you ever been debarred from any Yes/No
Examination or restricted by any University or
any other educational authority / institution ?
(h) Have you ever been debarred / disqualified by Yes/No
any Public Service Commission / Staff Selection
Commission for any of its examination / selection?
(i) Is any case pending against you in any Court of Yes/No
Law at the time of filling up this Attestation Form ?
(j) Is any case pending against you in any University Yes/No
or any other educational authority/institution at the time of filling up this Attestation Form ?
(k) Whether discharged / expelled / withdrawn Yes/No
From any training / institution under the
Government or otherwise ?
(ii) If the answer to any of the above mentioned question is “Yes” (give full
particulars of the case / arrest / detention / fine / conviction / punishment, etc.
and /or the nature of the case pending in the Court / University / Educational
Authority, etc. at the time of filling up this Attestation Form."
Further the Form contains the following warning:
"WARNING : THE FURNISHING OF FALSE INFORMATION OR SUPPRESSION OF ANY FACTUAL INFORMATION IN THE ATTESTATION FORM WOULD
BE A DISQUALIFICATION, AND IS LIKELY TO RENDER THE CANDIDATE UNFIT FOR EMPLOYMENT UNDER THE GOVT.
2. If detained, arrested, prosecuted, bound down, fined,
convicted, debarred, acquitted, etc. Subsequent to
the completion and submission of this form,, the details of communicated immediately to the authorities to whom the attestation form has been sent earlier, falling which it will be deemed to be a suppression of factual information.
3. If the fact that false information has been furnished in the Attestation Form, comes to notice at any time during the service of a person, his services would be liable to be terminated."
Hence, Your friend has no option but to disclose the information and let the authorities concerned take a decision. In the meanwhile, let him try to expedite the matter or move the court for discharge, if so advised.
