Facing dvc case in a court, is he eligible for govt job

KR (Querist) 16 February 2024 This query is : Resolved
good evng experts, my wife filed DVC case against me and my family members in 2020 and it is still in the stage of notice as on today. at present, I was selected in the written test and called for interview in EMRS principal post. To attend the interview they are asking me to sign the undertaking, which reads as follows
"I do hereby declare that no legal and/or criminal case is pending against me before any court/investigating agencies, I, further inform that I have never been found guilty / convicted of any legal offence and/or crime by any court of law in the past.
I do understand and agree that in the event if my ineligibility being detected at any stage , prior to the verification or thereafter , my candidature .appointment during any stage of service for the post shall stand forfeited."
Am I eligible to sign this undertaking or not. plz guide me. thanks in adavance

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Quick Summary

A man selected for an EMRS Principal post is concerned about signing an undertaking for his interview, as he has a pending Domestic Violence (DV) case filed by his wife. While a DV case is not strictly punitive, it's quasi-criminal and requires disclosure. Experts advise that signing the undertaking without disclosing the pending case could lead to forfeiture of his candidature or appointment if discovered later.

kavksatyanarayana (Expert) 16 February 2024
You cannot sign the undertaking as the DV case is not disposed of.

T. Kalaiselvan, Advocate (Expert) 17 February 2024
The DV case is quasi civil and quasi criminal.
Basically it is not punitive in nature hence you can mention that there's no criminal case against you and all those details.

Advocate Bhartesh goyal (Expert) 17 February 2024
Yes, Domestic violence case is not in punitive nature but you have to discose the details of case.

Sudhir Kumar, Advocate (Expert) 17 February 2024
DVC is not punitive but most of the allegations attract other provisions of IPC

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