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Macp in case of criminal case.

Querist : Anonymous (Querist) 18 September 2023 This query is : Resolved 
Good evening sir/madam,

I am a government servant and My MACP is due since Jan 2023. All my APARS are very good. Had never any history of departmental proceedings or so.

I am facing no departmental enquiry or charges, however I have been named in an FIR related to dowry demand, though there happens to be no marriage. I had informed my deptt. related to this case.

I have never been arrested or there has been no charge framing in this case since last 5 years. The matter is subjuidice.

My question is can my MACP and pension benefits(I am due to retire next year ie. 2024) can be withheld due to this false criminal case?

T. Kalaiselvan, Advocate (Expert) 18 September 2023
Mere registration of an FIR will not result in any adverse effect on employment. Proceedings must have been started in a court, or the person must be convicted of the offence for any adverse effect on their job.
However it becomes your duty to inform the employer about the pending criminal case against you.
Sudhir Kumar, Advocate (Expert) 19 September 2023
has chargesheet been filed?
Querist : Anonymous (Querist) 19 September 2023
Sir police has submitted the charge sheet in court, however no charges have been framed till date. The stage of case is miscellaneous appearance. It's now been 5 years. I have informed the deptt regarding this case
Sudhir Kumar, Advocate (Expert) 19 September 2023
There appears to be some merit in your case.

Good drafting is needed.
Querist : Anonymous (Querist) 19 September 2023
It means I can get my MACP, even my vigilance is clear, however there is a pending case. Pls clear this doubt of mine
T. Kalaiselvan, Advocate (Expert) 20 September 2023
First let all the criminal cases agaisnt you is disposed by acquitting you, after that if you still find that your dues / MACP is not honored, you can take legal recourse for relief and remedy
Sudhir Kumar, Advocate (Expert) 21 September 2023
not able to agree.

given facts give an indication that perhaps the promotion can be claimed even during pendancy of case.

discussion is needed. meet a lawyer.
Querist : Anonymous (Querist) 21 September 2023
Thanks T. Kalaiselvan sir and sudhir sir for your valuable time and opinion. I shall consult an advocate (if required). Thanks again
Sudhir Kumar, Advocate (Expert) 22 September 2023
Not merely advocate but having knowledge of service matters.
P. Venu (Expert) 29 September 2023
"The stage of case is miscellaneous appearance"! What is miscellaneous appearance? CrPC provides no such procedure.

Have you received the summons from the Court?

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