Government and public sector undertakings have a very tough screening and verification process for the Candidate likely to be the employee. The process also may include a request of record from the District Magistrates/ police.
- The information about any charges (Conviction, arrest or acquittal) must be provided correctly to the employer and no fact should be suppressed or falsely represented.
- Even if the employee has declared all the pending charges, the employer is not bound to recruit the person.
- In case of multiple criminal cases and intentional suppression of the charges, the employer may cancel the appointment, suspend from the service or take any other decision as it may deem fit.
It is pertinent to note that there is no bar on selection on the ground of pending trial. However, you must reveal fairly the pendency of the criminal case , FIR, arrest and detention (if any) as required in the Attestation Form and Affidavit to be submitted with the Department.
As per law, it is for the screening committee to decide whether the pendency of the criminal case would have any bearing on the nature of your post on the basis of the allegations leveled against you in the FIR and the charges(if framed).
There are plethora of judgments where the courts (including the Supreme Court) have interfered in the decisions of the departments discharging servicemen only on the pretext of a pending case.
Moreover, a judgment delivered by Justice M Katju (Supreme Court) directs the departments to take liberal view in such cases and not to reject the candidature solely on the ground of a pending case.
Hope this helps!