Pending case 353

1. Declare the status of the pending court prosecution or police FIR against you.

Keep Smiling .... Hemant Agarwal 
VISIT:  www.chshelpforum.com

respected sir

A background check is conducted at the time of applying for a government job. In the case of State of West Bengal & Ors vs Nazrul Islam it was held that a person convicted for criminal law is not suitable for government jobs. Generally a civil case cannot be a basis for termination.

you must know that the employer can take legal action if the facts aren't disclosed or the information provided is false. the verification steps are as follows

•  request proof of residence where the applicant has lived for more than 6 months in the past 4 years, along with proof of current local address and permanent address.
• They also request the record of the applicant from District Magistrates or Police Commissioners of the area on the basis of the information provided on the residence.
• The police stations are asked to run a check.

https://www.lawyersclubindia.com/experts/government-job-with-pending-case-480041.asp

regards

Disclose the facts/ details of case pending in your verification by police.

yes as suggested by experts you have to disclose the facts of the case details with the authority

The first thing you have to ensure is whether you have filled the application with facts and there must not be suppression of material facts.  The general application has a column "Have you been convicted in the past for any criminal offense'?.  Conviction is after establishing the case and after competent court pronounces.  Yes.  Police verification is a must and that report is not in your hands.  Allegations are mere allegations till the court decides the offense.

Section 353 case is an assault of a public servant and now that case is coming in your way becoming a public servant yourself. 

It is a case of 2015. Maybe the case was already disposed of. Find out from the Police Station. In any case, Bank shall initiate a background check and it may show up in the verification. If the Bank is asking specifically to disclose cases pending against you in writing, it is better to inform the present position. In all fairness, it is better to disclose.

You are most likely dis-entitle in light of decided case State of West Bengal & Ors Vs. SK Najrul Islam CA 8638/11 SC.

It becomes your duty to divulge all the details about the  crimninal cases pending against you in the application form for employment.

The employer may conduct a background verification after giving the appointment order also and if the details are brought to the knowledge of the employer then he may initiate action for suppressing the facts material for employment, as per law.

The section 353 of IPC which is about the offence of obstruction in the performance of duty by government officer , has been made non-bailable which was earlier bailable and the punishment has been increased from 2 years to 5 years 

The only way out for you, at the initial stages, could be to file a petition before the High Court for quashing the FIR and/or quashing of the criminal proceedings on the ground that it is a false FIR and/or that the police officer is willing to compromise it.

What is the present stage of the case? You say you have not been arrested.

Also, have you received any summons for the trial? If not what is the basis that a case is pending against you?