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Ashutosh Gupta   01 October 2021

compromise during govt job

how compromise in court is effect a govt employee during job... not before joining job


Learning

 2 Replies

Anusha Singh   02 October 2021

As per your query it is understood that you need information about the compromise made in a case while being a government employee and how that compromise will affect the government job.

There are two kinds of charges which can be filed against a person: Civil and Criminal. Civil charges do not affect the position in government jobs.

In case where the compromise is made it is basically the acquittal of the alleged person and it will not affect the government job but the employee needs to inform his superior of the same.

In case where the compromise is made but later it is known that it was made by threatening the other party or turning the witnesses hostile then the accused can be tried by the concerned authority and the plea of compromise can be denied and this can affect the government job.

The Punjab and Haryana high court has held that a person acquitted in a criminal case due to compromise between the parties or witnesses turning hostile would still be disqualified from the government service. "The acquittal based on the complainant and witnesses turning hostile and not supporting the case of the prosecution cannot be described as an acquittal on merits after a full- fledged trial” the HC held, while dismissing the plea of a Rohtak resident who was selected as constable in Haryana police.

As per the law, if any government employee spends more than 48 hours in police custody, he is suspended. If the charges are for a dowry/ death case, the person is dismissed; even if there was no time spent in police custody.

If this fact is kept as a secret from the superiors, notwithstanding the provision of double jeopardy, the person will face separate disciplinary proceedings for the same. Mere registration of an FIR will not affect the job prospect. To have any effect, the proceeding should have started in court or the person must have been convicted of the offense.

Hope it helps!

 

Regards,

Anusha Singh

 

 

Ashutosh Gupta   02 October 2021

than pls pls suggest me .I m govt employee as sub inspector in mp .and fir of sec 324 ipc is registered against me . trial in local court .what should I do ??

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