Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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windowsxp   07 December 2017

Is 498a accused eligible for government jobs

Dear experts,

My sister A5 was accused in 498a case in the year 2011, i went for quashing to remove A2 to A5 in HC bagalore still the case was not charged yet and the case was stayed in HC from last 3 years, it is easy to quash their 4 names excluding A1 me but my lawyer was reluctant to move the case ahead.

my sister A5 is preparing for teacher post and bank exams in AP, is there any problem she face due to this case for her posting?

what precautions she need to take while applying for exams? please advise

 

Regards,

Srinivas

 

 

 



Learning

 21 Replies

windowsxp   07 December 2017

Adding to the above, family court declared divorce in favour of me, my ex filed a private complaint in court to file 498a in bangalore and accused all my family members who reside in andhra pradesh, even family court judge pointed out that to harass all the family members she filed false 498a case on all of them, i can easily win the 498a case if HC release stay, but my lawer was not reluctant to do. please advise whether my sister is eligible to join any govt job during this period? what should she anwer to police and if anyone ask in interview? please advise

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     07 December 2017

Your sister A5 will not have any problem.

windowsxp   08 December 2017

Thank very much for the reply

Sudhir Kumar, Advocate (Advocate)     31 December 2017

please advise whether my sister is eligible to join any govt job during this period?
 
NOT AT ALL
 
what should she anwer to police and if anyone ask in interview?
 
NO SUCH QUESTION WILL BE ASKED IN INTERVIEW.  THE PROCESS OF POLICE VERIFICATION STARTS AFTER SELECTION WHERE SELECTED CANDIDATE HAS TO FILL A 5 PAGED FORM  WHEREIN HE/SHE HAS TO INDICATE WHETHER ANY CIMINAL CASE IS /OR HAS BEENPENDING , WHETHER HE/SHE IS/OR HAS BEEN ON BAIL/BOND ANY TIME
 

Sudhir Kumar, Advocate (Advocate)     31 December 2017

Originally posted by : Dr. MPS RAMANI Ph.D.[Tech]
Your sister A5 will not have any problem.

I shall be highly greateful if Dr Ramani couldshow any rule/circular which entitles soemone to join serivce even if criminal case is pending.

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     02 January 2018

Article 11 - “Presumption of Innocent” is a human rights (UDHR) adopted by UNO and the basic concept of jurisprudence unless offences are proved.

 

There should not be any problem for govt. job. They may keep a record of your case, nothing else.

 

Please apply for speedy trial a get acquitted.

 

Please check the following like for more clues. 

 

https://www.facebook.com/RockySmith4Calcutta/

 

Sudhir Kumar, Advocate (Advocate)     03 January 2018

I wuld have been happioes person if the presumption of innosence till convicted really could happen in service juridprudence, as expected by Mr Rocky Smith.

 

But unfortunately the practicality is 180 degree opposite.

 

In service matter one has to be presumed guilty till exhonerated.

 

So as long as the case is pending there will be no offer of appointment by any govt deptt/PSU or autonomous body even if the candidate is on top of select list and even if he is sole successful candidate for one post.

 

There is also no scope of keeping the offer alive indefinitily the post will be advertised again in next lot.

 

Yes spepedity trial is the right.

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     03 January 2018

Originally posted by : Sudhir Kumar
I wuld have been happioes person if the presumption of innosence till convicted really could happen in service juridprudence, as expected by Mr Rocky Smith.

 

But unfortunately the practicality is 180 degree opposite.

 

In service matter one has to be presumed guilty till exhonerated.

 

So as long as the case is pending there will be no offer of appointment by any govt deptt/PSU or autonomous body even if the candidate is on top of select list and even if he is sole successful candidate for one post.

 

There is also no scope of keeping the offer alive indefinitily the post will be advertised again in next lot.

 

Yes spepedity trial is the right.

 

Innocent Indian people should not suffered due to unfortunate/corrupted Govt. policies.

Please don't disclose the case details on the application form.

Article 12: Right to privacy - is agains a human right as per UDHR. (Negative Right)

Please be awared about your negative rights on the following link.

https://www.facebook.com/RockySmith4Calcutta/

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     03 January 2018

Just as people here have different mindsets, the authority who has to decide whether the job is to be given or not,  will have his/her own mindset. He will decide accordingly.  He can decide in three different ways. In deciding the case of a candidate for appointment there are 4 stages. (1) Application (2) calling for interview and selection (3) Sending appointment offer (4) the candidate joining the appointment. In these four stages only the qualifications and suitability of the candidate are looked into. If there is a general order or circular regarding any particular appointment or appointments, that also will be considered. At the fourth stage when the candidate joins, an attestation will be handed over to him, which he will have to fill up and return. That form will be sent to the police for inquiry and verification. Police will verify based on the contents of the attestation form. During inquiry people may voluntarily report things that are extraneous to what was asked for  in attestation form. which can be true, false or exaggerated. After the police report is received, if it contains anything adverse the competent authority can condone it or send a notice to the candidate seeking clarification. Candidate has to give clarification. The competent authority has to decide based on all material including the clarification given by the candidate placed before him. If the above case comes before the competent authority he can ignore the adverse points and close the case without discharging the candidate. Some Heads of Departments are extremely afraid of things. They will not approve a project of Rs.100 crores though they would have the authority to approve  That is why I say that things will depend on the mindset of the competent authority.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     03 January 2018

Mr. Sudhir Kumar says:

But unfortunately the practicality is 180 degree opposite.

In service matter one has to be presumed guilty till exhonerated

It is not so. If the sister of widowsxp was already in service, she would not be discharged or dismissed until she is proven guilty. As an applicant she has no claim over the post and the authorities are not obliged to give reason for not giving her appointment. Again I say that she can apply and if otherwise selected she can get the post.

Sudhir Kumar, Advocate (Advocate)     03 January 2018

Originally posted by : Rocky Smith



Originally posted by : Sudhir Kumar



I wuld have been happioes person if the presumption of innosence till convicted really could happen in service juridprudence, as expected by Mr Rocky Smith.

 

But unfortunately the practicality is 180 degree opposite.

 

In service matter one has to be presumed guilty till exhonerated.

 

So as long as the case is pending there will be no offer of appointment by any govt deptt/PSU or autonomous body even if the candidate is on top of select list and even if he is sole successful candidate for one post.

 

There is also no scope of keeping the offer alive indefinitily the post will be advertised again in next lot.

 

Yes spepedity trial is the right.





 

Innocent Indian people should not suffered due to unfortunate/corrupted Govt. policies.

Please don't disclose the case details on the application form.

Article 12: Right to privacy - is agains a human right as per UDHR. (Negative Right)

Please be awared about your negative rights on the following link.

https://www.facebook.com/RockySmith4Calcutta/

No help to the querist.

 

It is not the question what should or should not happen.

 

The fate of the querist lies in knowing what does and what does not happen.

 

Right to privacy has nothing to do with denial of public appointment.

Sudhir Kumar, Advocate (Advocate)     03 January 2018

Originally posted by : Dr. MPS RAMANI Ph.D.[Tech]
Just as people here have different mindsets, the authority who has to decide whether the job is to be given or not,  will have his/her own mindset. He will decide accordingly.  He can decide in three different ways. In deciding the case of a candidate for appointment there are 4 stages. (1) Application (2) calling for interview and selection (3) Sending appointment offer (4) the candidate joining the appointment. In these four stages only the qualifications and suitability of the candidate are looked into. If there is a general order or circular regarding any particular appointment or appointments, that also will be considered. At the fourth stage when the candidate joins, an attestation will be handed over to him, which he will have to fill up and return. That form will be sent to the police for inquiry and verification. Police will verify based on the contents of the attestation form. During inquiry people may voluntarily report things that are extraneous to what was asked for  in attestation form. which can be true, false or exaggerated. After the police report is received, if it contains anything adverse the competent authority can condone it or send a notice to the candidate seeking clarification. Candidate has to give clarification. The competent authority has to decide based on all material including the clarification given by the candidate placed before him. If the above case comes before the competent authority he can ignore the adverse points and close the case without discharging the candidate. Some Heads of Departments are extremely afraid of things. They will not approve a project of Rs.100 crores though they would have the authority to approve  That is why I say that things will depend on the mindset of the competent authority.

Dr Ramani correctly pointed out four stages of recruitment:-

 

(1) Application

at this stage none is bothered about criminal record of the candidate

 

(2) calling for interview and selection

at this stage none is bothered about criminal record of the candidate

 

(3) Sending appointment offer

be fore stage one has to clear medical examination and police veritifcation.  Before this stage he has to fill attestation form wherein he/she himself has to mention details of pending criminal cases.

 

 

(4) the candidate joining the appointment.

This state never comes if criminal case is pending.

Sudhir Kumar, Advocate (Advocate)     03 January 2018

Originally posted by : Dr. MPS RAMANI Ph.D.[Tech]
Mr. Sudhir Kumar says:

But unfortunately the practicality is 180 degree opposite.

In service matter one has to be presumed guilty till exhonerated

It is not so. If the sister of widowsxp was already in service, she would not be discharged or dismissed until she is proven guilty. As an applicant she has no claim over the post and the authorities are not obliged to give reason for not giving her appointment. Again I say that she can apply and if otherwise selected she can get the post.

Accused person will normally continue in service till convicted.  However if the person is on probation (apparently not in this case) the probation will not be cleared till exhonerated and one has the peril of getting discharged on completion of probation if not cleared of probaton.

 

Further hopwfully deptt generally do not exercise one mor eright.  Hoepefully may not do so in this case.

The deptt can initiate disciplinary proceeding even during the pendancy of the case and can pass final order without waiting for outcome of the court case.

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     04 January 2018

"(3) Sending appointment offer be fore stage one has to clear medical examination and police veritifcation.  Before this stage he has to fill attestation form wherein he/she himself has to mention details of pending criminal cases."

 

Please don't disclose anything and change the address.

This is the negative right . wink

https://www.facebook.com/RockySmith4Calcutta/
 


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