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Hemant (Law)     19 September 2010

Eligibility for employment under Govt bank job

If a wife deposes of giving dowry under oath in a trail court infront of the judge. Thereafter she joins a govt job during pendency of case. Will the statement on oath given by her make her ineligible for the govt bank job? I think conviction for giving dowry is not at all necessary. The very statement of her is acceptance of commiting a crime. And criminals are not employed. isn't it right?

But if the employing bank argues that she is not convicted though she accepts of giving dowry. Then is the bank right in its decision?? 



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 15 Replies

Suchitra. S (Advocate)     19 September 2010

There is a presumption that a person is innocent till the offence alleged is proved. I think the bank is right.

Hemant (Law)     19 September 2010

Suchitra,

I know that "There is a presumption that a person is innocent till the offence alleged is proved. I think the bank is right."

I think you have not gone through the question well enough. I am saying here that wife has admitted to given dowry under oath, Is giving dowry not a crime? YES, IT IS. so how a criminal be eligible to a govt job. There is a law against giving dowry too. And bank rules to state that giving dowry is a crime.

See, convicting the criminal is another aspect, which we are not dealing here. When documents of deposing of giving dowry available and the same is suppressed during her recruitment to her employers in govt. She doesn't qualify to be recruited to the job. Please reply with the renewed information.

Suchitra. S (Advocate)     19 September 2010

Even though she has deposed that she has given dowry, the case is still going on. And the Govt is not concerned with the stages of the case. She cannot be employed if she is proved guilty not before. There will be many officials in Govt facing charges but they are removed only when they are declared guilty by the court. And giving dowry is not a serious offence as compared to any other non bailable offences too.. 

Hemant (Law)     19 September 2010

Madam, u still are not thinking legibly i presume.

Ok, admitted many govt officials will be facing charges and removed only when proved guilty. But can you tell me atleast one case where in the govt official has admitted to having done crime. Instead they will be saying all the while they have not committed the crime. but here the case is different. She herself has accepted then what else u need. Moreover, when no case is filed for giving dowry on her. So wat outcome you will wait for? 

Or You mean to say, a person can say i committed a crime UNDER OATH INFRONT OF A JUDGE UNABASHEDLY, but not tried or convicted or punished, hence i am innocent. Wow!!

Pardon me, for correcting you, dowry giving or taking is a serious crime, non-bailable, non-compoundable one. Please go through the Dowry Prohibiton Act. Since the mentality of public on the aspect of dowry giving is ignored, the false complaints of dowry, blatant misuse of DP Act on many husbands are plenty now-a-days. Any difference of opinion in a family matter is converted into dowry offence by wife and her family. Its easy as ordering a idli-dosa in a hotel. No need of any proof or evidence at the time of filing a false dowry case needed. Even supreme court has termed it as "LEGAL TERROROISM" But little is done to bring down misuse. 

Suchitra. S (Advocate)     19 September 2010

I have given my opinion on the matter. Let me see what other learned members have to say. 

Hemant (Law)     19 September 2010

Hello, learned members- Can you please have a look here and have a discussion here. 

Gajender Singh (ca)     20 September 2010

Dear Hemant,

pls read DP Act once again, complainant is safe from DP3 anyone other than the complainant who accept giving dowry or abet the same, can be roped in DP3. For suspension of job/pension u need to first file a DP3 case against them. Then complaint to the respected deptt. giving detials of case, fir and related material, Thereafter u need to file RTI on the action taken by the deptt. this process for sure will give results if u are committed / determined for the same. Conviction is not necessary for suspension, there you are right.

rgds,498a_fighter

Hemant (Law)     20 September 2010

Dear 498a fighter,

my aim is not just suspension of the dowry giver.  i say she was never eligible for the job in the first place for having accepted to given dowry before joining job. Having convicted in court or not is secondary thing.. How can she be recruited?

Gajender Singh (ca)     20 September 2010

Dear Hemant,

Pls attend local SIFF meeting with your case papers.

rgds,
498a_figher

Hemant (Law)     20 September 2010

Ya, surely i will. I am a SIF member but staying in small city. I will reach the sif meeting this sunday. Its just 320 kms from my place.

Gajender Singh (ca)     21 September 2010

Its too far from your place, you can get advice on phone also from them. have you ever spoken to shonee?

good luck

498a_fighter

Gajender Singh (ca)     21 September 2010

you have not mentioned who is the complainant in your case as DP3 cant be booked on the complainant

Hemant (Law)     21 September 2010

Complainant is wife... naturally. Ya will contact some of our members.

Sudhir Kumar, Advocate (Advocate)     17 February 2012

Vague queyr . Who is the accused in criminal case wife? Husband?

Who has joined the job wife? Husband?

 


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