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Rishan Av   15 November 2021

Criminal case pending

I am having a criminal case pending against me
1 Is it possible for me to apply for any state/central goverment job?
2 I am working on contractual basis on central govt instituition.There have given my file for legal opinion and till now I am not allowed to get into the job
Is there any remedy for it

I was remanded for 3 days for illegal possession of azbergis(whale sperm)
and i am now on bail


Learning

 3 Replies

Arpit Tumbaria (Advocate at Uttarakhand High Court.)     16 November 2021

You cannot apply for any State or Central government job until the case is pending but in future if Court found you Not Guilty then you are again able to apply and work. But in case if you found Guilty then you are not Eligible to work in any state or central government jobs.

Kevin Moses Paul   16 November 2021

No you're not eligible to work in any government office be it a State or Central government office until you're acquitted of the offences you're charged with.

Same implies on you're contractual working, you're case is the issue due to which you aren't allowed ti get into the job. Currently, in your case there is no remedy available as the law clearly states that only those can work in governmental institutions who are either free from all offences or were tried in a court of law but later got acquitted of the offences they were charged with, so as of now there's not much that you can do.

Regards,
Kevin M. Paul

minakshi bindhani   22 November 2021

As per your concerned query!

There is no bar to applying for any govt. job even when a case is pending against you. 
However, there are many Supreme Court rulings a person facing criminal cases cannot be considered suitable for appointment in Government service unless acquitted of the charges.

In the case of Avtar Singh v. Union of India and others, the Supreme Court laid down guidelines regarding the recruitment of a candidate against whom criminal charges are pending. The Supreme Court held that person against whom there are criminal charges, may or may not be hired for a government job. Discretion lies with the employer.

However, the employer must conduct a full background check of the candidate before making a decision. The nature of offences and allegations are also taken into consideration.

The court also held that if the person has been acquitted of all charges by the court he is entitled to get the job. But the acquittal should be based on merits and not a settlement with the complainant.
A person against whom multiple charges are pending is likely to be rejected.

Hope it is helpful!
Regards
Minakshi Bindhani

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