Legal advice to make writ petition in high court
mukesh
(Querist) 11 July 2013
This query is : Resolved
Sir,
I am a serving combatant member of Indian armed forces. Kindly help me out by giving valuable suggestion to the problem mentioned below:-
(a) My brother was finally selected for the job of a constable in Bihar Police when result announce in 2010. But just two days prior to his joining for the training in Mar 2012 he had to surrender in a criminal case filed against him in Feb 2012.
(b) No case was filed against him when his name appeared in the list in 2010. But he was falsely implicated by GRP for a case related to rail robbery on the so called basis of declaration given by one of the accused.
(c) He surrendered in Mar 2012 and came out on bail in Jun 2012. The case is pending in trial court. Due to this he could not join the service that time.
Sir my queries are as follows:
(i) Can we give a petition in high court for an order to get a chance to join Bihar Police as a constable.
(ii) He has met to SSP Patna after getting bail who in turn sent a request to our SP at Bhojpur district for investigating the matter and send a report. But nothing has happened for last one year and DSP who was finally given the responsibility to investigate the matter has not sent any report.
(iii) When my brother met the DSP personally he told that he is unable to write anything because the matter is pending in court.
Sir kindly suggest me some way forward in this regard for solution and to do my service to the nation peacefully. Thanking u sirs.
Advocate M.Bhadra
(Expert) 11 July 2013
A criminal case is pending, so it is own discretion if Bihar Police authority,Writ Petition in High Court may not have merit.
No govt jobs for those with criminal record: SC-----The Indian Express,16th Oct 2011
A person facing criminal cases cannot be considered suitable for appointment in government service unless acquitted of the charges, the Supreme Court has held.
Quashing the appointment of constable SK Nazrul Islam, the apex court said, "Surely, the authorities entrusted with the responsibility of appointing constables were under duty to verify the antecedents of a candidate to find out whether he is suitable for the post of constable.
"And so long as the candidate has not been acquitted in the criminal case of the charges he cannot possibly be held to be suitable for appointment to the post of constable.
A Bench of justices R V Raveendran and A K Patnaik passed the judgement while upholding the West Bengal government's appeal challenging the high court's direction to appoint Islam despite the fact that he was facing criminal charges.
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Raj Kumar Makkad
(Expert) 12 July 2013
Unless the case is finally decided, you have no right either through high court or through directly contacting the police authorities to get job for your brother.
