False criminal case and effect on current government job
Querist :
Anonymous
(Querist) 20 January 2023
This query is : Resolved
Greetings to all hon'ble members,
I am a government servant. Prior to my current appointment I was working in central govt job on regular post. I did more than 2 years of regular govt. service in my previous department, however I was on probation and my services awaited confirmation.
In mean time I applied for another government job through proper channel and secured it successfully. My new department (which is my present deptt. now) treated me as DCF/ Departmental candidate and asked me to submit NOC, medical and police verification report from my parent/previous employer. So basically they exempted me from medical and police verification. And yes I submitted 3 copies of ATTESTATION FORM 6 Month before joining present job.
I joined the new department around 3 years and 4 months back, but unfortunately I was falsely implicated in FIR u/s 376 and Dowry Prohibition Act just after 2 months of joining my new job. As this was a false and frivolous allegation so I moved my anticipatory bail. The court granted me the same and I was saved from police and jail custody.
I was very scared and dipressed due to false case and meanwhile COVID lockdown came and i suffered even more. Meanwhile
As first COVID restrictions were eased out I informed the department about this false FIR. Around 2 ¹/² years have passed since I informed.
Now suddenly after these years my department is asking me to:
1) explain the reasons why I suppressed the case from them.
2) Verbally they are asking me to submit a fresh attestation form. Though my HOD has already submitted online CVR, they are verbally asking me to fill paper form again.
My questions:
A) Will I be suspended or even terminated due to this case? I am on Anticipatory bail never went in Police Custody or JC.
B) Being DCF candidate I was exempted from medical and police verification, should I file attestation form again? Or should I insist on using my old Attestation form?
Pls guide me I am very tensed. And extremely sorry for being anonymous.
Sudhir Kumar, Advocate
(Expert) 20 January 2023
A) Will I be suspended or even terminated due to this case?
DEEMED SUSPENSION TAKES PLACE IF GOVT SERVANT IS IN CUSTODY (LEGAL/ILlEGAL) FOR 48 HOURS AND GIVEN FACTS DO NOT SO DISCLOSE.
HOWEVER SINCE ALLEGATIONS OF DOWRY ARE DEPARTMENTAL MISCONDUCT AS WELL THE DEPARTMENT CAN PROCEED WITH SUSPENSION AND EVEN CHARGESHEET/ INQUIRY, WITHOUT WAITING FOR OUTCOME OF COURT CASE.
I am on Anticipatory bail never went in Police Custody or JC.
B) Being DCF candidate I was exempted from medical and police verification, should I file attestation form again? Or should I insist on using my old Attestation form?
IT IS PERFECTLY LEGAL IF A GOVT SERVANT IS SELECTED FOR OTHER POST AND IS NOT SUBJECTED TO MEDICAL EXAMINATION OR FOR POLICE VERIFICATION.
Mere involvement in a criminal case is no ground for seeking fresh attestation that too on verbal directions. (It is hard to sign a letter to you to submit fresh attestation form.
However, non-intimation of bail is a ground for initiation of disciplinary action. It appears you have given such intimation to the deptt.
Please confirm if your probation is over.
Querist :
Anonymous
(Querist) 20 January 2023
Sir thanks for the detailed reply, extremely thankful.
Sir I am working in this new deptt. Since 3 years and 4 months and my services are not confirmed yet.
Querist :
Anonymous
(Querist) 20 January 2023
I have never received any memo except one where department is saying that I didn't inform at the time of FIR
kavksatyanarayana
(Expert) 20 January 2023
The department version is correct. When you are granted bail, you have to inform the department. And Sri Sudheer Kumar sir well explained and why are you still doubting? You can ask your employer to confirm you as per the service rules of the state.
Dr J C Vashista
(Expert) 21 January 2023
What is the correlation of previous service where your service was not confirmed before joining new assignment ?
No-disclosure of grant of anticipatory bail to your employer is a misconduct which may be condoned by your employer, if applied.
What do you mean from your averment wherein you have mentioned, inter alia, "Being DCF candidate I was exempted from medical and police verification, should I file attestation form again? Or should I insist on using my old Attestation form?"
Querist :
Anonymous
(Querist) 21 January 2023
Thanks kavksatyanarayana sir for your reply. I am not doubting the version of sh. Sudhir kumar ji, I thought he was asking me whether my services are confirmed or not. Thanks
Querist :
Anonymous
(Querist) 21 January 2023
Grateful to Dr J C Vashisht for the time and reply. DCF candidate means departmental candidate. When I applied for this job through proper channel, I was treated as DCF candidate by the virtue of being a Govt. Servant. This was the reason I was supplied with a deficiency Memo. It asked me submit NOC, medical and police verification report from my parent/previous employer. So basically they exempted me from medical and police verification. And yes I submitted 3 copies of ATTESTATION FORM 6 Month before joining present job.
My problem is that after joining the services a false case has been registered on me, I am on Anticipatory bail. My question was on suspension or termination/ other departmental penalty in my case as I informed department almost 9 months after the FIR. Therefore I asked a long question. Thanks and I am much obliged to you all sir
Sudhir Kumar, Advocate
(Expert) 22 January 2023
There should be no doubt on you.
You are guilty of non-intimation of bail. As suggested by Dr Vashista the deptt can take mercy on you and condone the lapse. Or else the department can initiate disciplinary action against you on this count as well.
If no case was pending against you on the date when you completed probation then the future criminal case cannot be used to deny confirmation.
as far as attestation form is concerned, there was nothing illegal or irregular for using fresh attestation form by the deptt. Given facts do not justify fresh attestation form. Nothing stops the department fromfresh police verificatio based on available matrial.
YOU HAVE NOT AT ALL CLARIFIED WHETHER YOU HAVE RECEIVED ANY WRITTEN ORDERS FOR GIVING FRESH ATTESTATION FORM OR SOME PERSONAL WITH SPECIAL INTELLECT IS JUST ASKING YOU VERBALLY.
Dr J C Vashista
(Expert) 22 January 2023
Although an allegation u/s 376 IPC tenamount to misconduct on your part, which has aggravated by delayed information to employer for which department may initiate disciplinary proceeding and inflict punishment yet totality of circumstances do not suggest suspension or termination from service, during pendency of the FIR case.
Querist :
Anonymous
(Querist) 22 January 2023
Thanks Dr Vashisht and Sh. Sudhir kumar ji, I had received a memo where in my superior officer of zonal office is asking me "why I didn't inform in time and suppressed the info of FIR." There is nothing about police verification in that memo. I have already replied that memo citing my conditions and circumstances which delayed my intimation, I politely denied their version that I suppressed information rather it was delayed indeed.
However regarding attestation form they are asking me verbally no orders yet. They are verbally communicating me that because your attestation form is old and it was filled before this false case. I told them verbally that I had already informed the department in writing about the case 2.5 years ago. My problem is that No gazzetted officer will attest my new form.
My official records have 3 sets of attestation form dated 20 April 2019 much before the filing of the case. They also have written intimation regarding the case, I informed them that it not my fault that department didn't use this form, moreover pendency of criminal case makes it next to impossible to get it signed (attested) by gazzetted officials.
Sudhir Kumar, Advocate
(Expert) 23 January 2023
Agreeing with Dr Vashista, I will add that :-
No doubt that :-
(1) There is a criminal case.
(2) Criminal case appears to be after completion of probation (hope there was no extension and probation was for two years only)
(3) You are verbally called upon to submit fresh attestation (it is last expected any officer of the department to give so in writing)
(4) There was no custody for 48 hours so you are not deemed suspended.
But you have to bear in mind That :-
(i) you have already committed a departmental lapse by not intimating the bail promptly.
(ii) The allegations against you are not merely criminal allegations. The allegations relating to dowry demand etc are also departmental misconduct and the department can initiate disciplinary proceeding by issue of chargehseet / inquiry and can award any of the 9 penalties (without waiting for outcome of the count )penalties
Querist :
Anonymous
(Querist) 23 January 2023
Thanks sir for the reply. Though all the allegations are frivolous and imbued with ill will, I got anticipatory bail by court. I hope my department will consider relevant evidences and ongoing court proceedings and subsequent observations before passing any order in reference to alleged dowry demand and other alleged criminal allegations. I was concerned about termination or dismissal. Hoping for the best amongst the worst. Thanks again for time and prudent words.
kavksatyanarayana
(Expert) 24 January 2023
If the department takes any action like suspension etc., against you, after receiving court orders (if it is in your favour), you may represent the employer to reinstate you.
P. Venu
(Expert) 26 January 2023
To the best of my knowledge, there is no requirement, in terms of the provisions of CCS(Conduct) Rules or the Government of India Decisions (GID) thereunder, that a Government servant ought to give to the Controlling Officer or the Head of Office of anticipatory bail secured upon a FIR involving the said Government servant. The provisions are explicit in that extant norms require that intimation be given as to conviction and detention as provided under GID (1) and (2) under Rule 3. As such, the alleged verbal instructions are an overreach of the the provisions of the CCS(Conduct) Rules. Of course, you are required to explain if sought in writing, not otherwise.
It is of no relevance that you are, allegedly, falsely implicated. It is an aspect be ascertained during investigation and subsequent trial, if there is a charge report to that effect. It is not understood how IPC 376 is alleged - or is it IPC 498 A? Please clarify.
By the way, what is the present stage of the matter? Has the Police submitted the charge-report and have you received summons for trial?
Rule 13A of the CCS(Conduct) Rules prohibit giving or taking or abet the giving or taking or dowry and also, demand directly or indirectly any dowry. hence, the Disciplinary Authority can initiate proceedings under Rule 14 of the CCS(CCA) Rule if there is complaint, in writing, from the affected persons to the concerned authorities. Such a proceeding could be independent of the FIR presently lodged. However, to my understanding, no departmental action is possible just that an FIR has been lodged or that anticipatory bail has been secured.
As such, in my considered opinion there is no possibility of suspension from service unless the concerned persons choose to make a complaint to the departmental authorities. Any termination from service or even any penalty, minor or major, requires that due process in terms of the provisions of CCS(CCA) Rules be followed.
However, the situation could be different if the trial results in conviction. If so, any action of possible as the offences, as alleged, involve moral turpitude.
It is unintelligent to insist on submission of Attestation Form at this stage. Anyhow, said form only requires submission of particulars as at the time of joining the service, and not thereafter.
Sudhir Kumar, Advocate
(Expert) 26 January 2023
Agreeing with Mr Venu I will add as under.
It is very hard for any officer to sign a communication to you to call upon to submit fresh attestation form as there is no provision in given cases. Such re-verification is done only if a govt servant is posted in a sensitive appointment that is discretely without reference to concerned officer. Not merely if an FIR is registered against him.
I further agree with Mr Venu that dowry demand allegations are misconducts as per Conduct rules and department can initiate and finalise disciplinary action without waiting of court order. I add that such action can be taken merely on the basis of FIR even if the victim does not compliant directly to the department.
Deemed suspension may occur if one is in custody for 48(+) hours. Therefore make sure you do not skip any date which can result in cancellation of bail and if bail is not given restored same/next day custody of 48(+) is complete. In such case you have to represent to the dpett to revoke deemed suspension.
Dr J C Vashista
(Expert) 27 January 2023
You have adequately been obliged by experts, now it is your call to proceed after closing this thread.
Querist :
Anonymous
(Querist) 27 January 2023
Thanks Shri P Venu ji for time and clear words, I am equally obliged to Shri kavksatyanarayana ji, Shri sudhir kumar ji and Dr. Vashisht. Thank you lawyers club India for providing this great and reliable platform to us. Thanks again. My query is resolved. Grateful to all
Querist :
Anonymous
(Querist) 01 February 2023
Sir sorry to open this thread again, but I have received the following letter (wordings). This letter has been given to Head of my institution:
"Please refer to the subject cited above, you are hereby directed to forward attested copy of online filled data initiated for Online Police. Verification by the School Authorities. Further since the verification from his previous place of residence is also required as per duration of his stay, you are directed to obtain and forward manual attestation form 03 sets duly filled/signed and forward to District(Administration Branch) directly.
I had submitted the 3 forms before joining my present office. That time no criminal case was there, but now I am facing a criminal case,
What should I do? Please help me
The
Querist :
Anonymous
(Querist) 01 February 2023
Pls help me on the above
Sudhir Kumar, Advocate
(Expert) 01 February 2023
The authorities in the department ( as appearing from facts given by you) are stupid. Instead of taking action against you as per existing known facts they are in hunt of unknowlen facts.
Querist :
Anonymous
(Querist) 01 February 2023
Thanks Sir for the reply,
3 copies of ATTESTATION form which I submitted 3 years and 8 months back is kept in my service dossier.
Sir I am thinking of giving Xerox copy of the same to them. Also I will mention that there is a frivolous FIR against me after entering in job.
I told my head that now it is not possible for me to fill form and get it attested by 2 responsible citizens and class 1 officer, at the same time My authority/head is verbally asking me to give incomplete form ( without getting it attested by gazzetted officer).
They have written in letter that they want to verify my previous address ( as I was posted outside NCR) , I have disclosed all details before joining present office in my Attestation form which I filled long back. Additionally they have online verified my character and antecedent and still insist on paper form.
Pls suggest can I send Xerox of old Attestation Form ( which they are saying that is old and now cannot be used now)
Querist :
Anonymous
(Querist) 01 February 2023
Sir they have given only 3 days to my head. He is asking me to reply by tomorrow. Pls give your suggestion pls
Sudhir Kumar, Advocate
(Expert) 01 February 2023
You are already guilty of non intimation of bail. You cannot annoy authorities.
Querist :
Anonymous
(Querist) 01 February 2023
Sir what should I do now? My problem is that a criminal case has been slapped after entering in this job!, Now authorities are asking new attestation form. Pls guide me
Querist :
Anonymous
(Querist) 01 February 2023
They already have my old Attestation form, intimation of FIR and current case, now I see no clear way, I am stuck, pls help me
Dr J C Vashista
(Expert) 02 February 2023
In case you have some more queries are there on the subject it is advisable to consult a local prudent lawyer practicing service matter as you have adequately been obliged by experts on this platform.
P. Venu
(Expert) 02 February 2023
I am afraid you are missing the woods for the trees.
Okay, rightly or wrongly, the authorities are asking you to furnish the attestation form once again. Even if the insistence is a procedural overreach, there is no harm in providing the information, as sought.
But what is the information that is being sought - as on today or on the date of joining the current employment? This is important. So seek the clarification in WRITING and wait for the reply, that too, in WRITING. Heavens are not going to fall down if you wait till the specific clarification on this vital aspect is received.
Also, you need to avoid all the across the table discussion on this aspect with the dealing assistants as well the officers. Most of the dealing assistants are clueless as to the basic concepts governing conduct expected of a public servant and the officers, invariably, are reluctant to apply their mind. Even those holding exalted positions in the Central Secretariat are no exception in trying to overawe and apply their mind on crucial aspect as to good governance.
Once the clarification is sought just provide the information or facts as sought, nothing more or nothing less. And avoid adjectives; 'frivolous' is an adjective.
To my knowledge, the attestation form seeks no information as to 'whether any FIR is pending etc." The information is sought is "whether you have ever been arrested/detained or whether you have ever been convicted or any criminal proceeding is pending against you"
Mere securing of anticipatory bai does not entail that you have been arrested/detained. So also, just because an FIR registered does not mean that a criminal proceeding is pending. Criminal proceeding commence when the court issues summons to the accused to stand for trial. And, the accused cannot be attributed to have knowledge of the proceedings unless and until served with the summons.
Hence it is important that you should have disclosed the present stage of the matter. Have you received summons from the Court?
So also, you are yet to clarify how Section 376 IPC could be clubbed with the offences under the Dowry Prohibition Act.
You are free to contact me if so required. Contact details could be accessed from my profile.
