LAW Courses
LAW Courses

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

sam (health)     13 February 2011

can i do govt job with a legal case running against me?

hi

i have been falsely implicated in a dowry case and section 498a,406 and 506 IPC by my brother's wife

i have been appointed in a govt job and they are asking me to fill an attestation form with details of any case pending against me

i am already having a stay on the case from h'able high court as i didn't use to stay with them and was pursuing my studies in another city

also i was granted anticipatory bail in the case which was converted to real bail

kindly advise me what needs to be done so that i can join the job without any difficulty

also can they deny me the job on basis of this?

please help me

thanks

 



 8 Replies

padmarao (app)     14 February 2011

Make one thing sure that you mention only facts in attestation form or else you may be terminated only on that ground.

Are  you convicted already in the lower court?

If the Govt wants they can consider your request and give you a job

Is attestation form need to be submitted after you join or before that?

sam (health)     14 February 2011

i need to give the attestation form with my joining letter

sam (health)     14 February 2011

i have not been convicted 

i have applied for quashing in the high court and they have given a stay over the case

indrajit mukhopadhyay (lawyer)     14 February 2011

You have stated that you have been appointed in a govt work. In that case unless and until you are being convicted no question of loosing job is there.

indrajit mukhopadhyay (lawyer)     14 February 2011

yes

sudhakar.RVS (Advocate)     14 February 2011

Sir,

As per the CSR rules,if a central Govt employee,is arrested and behind bars more than 24 Hrs,be suspended from the service. Submitting the attesstation is nothing but an  Affidavit,which normally speaks the material truth..

In your case,you have not clarified, as per the Crpc rules if the accused is charged with the provision 498 A of Crpc,the accused will be be taken to custody with NBW. At this juncture,you need to clarify regarding your arrest by the police. If arrested CSR provovision will be attracted as explained supra.

Even if u r arrested,no threat to your job except suspension,till the case is settled. If the verdict comes in your favour,suspension will br revoked and u will be taken back to your employment. Otherwise case will be dfealt basing on the details the way case is dealt.

Regards,

sudhakar.RVS

Advocate

sam (health)     15 February 2011

thanks everybody for your valuable suggestions

Sudhir Kumar, Advocate (Advocate)     11 February 2012

NO I  BELIEVE HE HAS NOT JOINED SERVICE THAT IS WHY HE IS AT THE PROCESS  OF SUBMITTING ATTESTATION FORM. HE APPEARS TO HAVE BEEN ABLE TO WORD  HIS QUERY CORRECTLY.

 

IT APPEARS THAT HE HAS MISUNDERSTOOD. ATTESTATION FORM IS NOT SUBMITTED WITH JOINING NORMALLY IT IS SUBMITTED MUCH EARLIER AND TH EAPPOINTMENT LETTER CANNOT BE ISSUED UNTIL POLICE VERIFICATION IS CLEARED.

 

IF IS APPOINTED WITHOUT VERIFICATION THEN IT IS PROVISIONAL JOING AND HE IS NOT GETTING SALARY (EVEN IF KEEP WORKING FOR YEARS) UNLESS  CLEARED BY POLICE VERIFICATION UNLESS THE DEPTT COMMITS ANY IRREGULARITY.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  



Post a Suggestion for LCI Team
Post a Legal Query