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Is 498a accused eligible for government jobs

Page no : 2

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     04 January 2018

I joined government service twice. On both the occasions, i was given the blank attestation form to be filled up after I had signed in. The police report might have come months later. I did not know when it came, as I was not informed. I was not informed because the police report may not have contained anything adverse. On the first occasion, when the police went to my father, they said that someone had said something adverse. My father wrote to me about it and suggested how to explain, if they ask me.  Anyhow no one ever asked me anything. Generally if there is a criminal case against a person, which, if proven, will get him less than 4 years imprisonment, it will be ignored unless actual conviction comes.Persons will not be eligible for appointment even when there is no criminal case against him. For instance, if a person had two wives but there was no criminal case against him, still he will not be eligible for appointment. In my 33 years of service I have seen many types of cases. Out of the 33 years, papers used to come to me for decision for about 18 years.

Sudhir Kumar, Advocate (Advocate)     06 January 2018

Originally posted by : Dr. MPS RAMANI Ph.D.[Tech]
I joined government service twice. On both the occasions, i was given the blank attestation form to be filled up after I had signed in. The police report might have come months later. I did not know when it came, as I was not informed. I was not informed because the police report may not have contained anything adverse. On the first occasion, when the police went to my father, they said that someone had said something adverse. My father wrote to me about it and suggested how to explain, if they ask me.  Anyhow no one ever asked me anything. Generally if there is a criminal case against a person, which, if proven, will get him less than 4 years imprisonment, it will be ignored unless actual conviction comes.Persons will not be eligible for appointment even when there is no criminal case against him. For instance, if a person had two wives but there was no criminal case against him, still he will not be eligible for appointment. In my 33 years of service I have seen many types of cases. Out of the 33 years, papers used to come to me for decision for about 18 years.

 

I shallfeel highly obliged if Dr Ramani could share any rule position or DOPT circular (if not classified) whcihsays that "Generally if there is a criminal case against a person, which, if proven, will get him less than 4 years imprisonment, it will be ignored unless actual conviction comes"

Sudhir Kumar, Advocate (Advocate)     06 January 2018

The hands of any authroity will share beofre signg offer of appointment ot 498a accused.

 

498a this si ssuch and allegation which is also violation of conduct rules and a servng govt servant can face chargesheet by deptt  even when ther eis no criminal case against him.

windowsxp   08 February 2018

Dear Experts,

thanks for your suggestions, at present the case is stayed in HC when A2-A5 went for quashing and she is preparing for the interviews and applied for jobs.

so please whether she is eligble to apply jobs or not and in police verification she need to mention case details or not?

 

Regards,

Srini

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     08 February 2018

Let her apply for the job. Let her state facts in the police verification form.

Sudhir Kumar, Advocate (Advocate)     08 February 2018

Originally posted by : windowsxp
Dear Experts,

thanks for your suggestions, at present the case is stayed in HC when A2-A5 went for quashing and she is preparing for the interviews and applied for jobs.

so please whether she is eligble to apply jobs or not and in police verification she need to mention case details or not?

 

Regards,

Srini

 

 

YES. She is eligible to apply.  She is eigible to sit in exam.  SHe is eligible for interview.

The stage of police verification comes only if candidate is finally selected. At this stage the attesteation form is to be filled and the candidate is required to state the details of criminal case pending (present and past).

 

Radesh Radhu   26 July 2021

Sir, I am school teacher . Going to join a govt management school. Now the problem is that I am facing a false 498 case . Will it be obstacle to join the service. Actually along with my documents I have submitted affidavit regarding the case details as per my advocates advice. But when I spoke to some the people from education department they said my appointment will be in trouble. Already in a dipression sir. Don't know what to do. Kindly reply as soon as possible


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