Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Robin sharma (s)     21 April 2014

Joining ias while being under trial

Hi All

 

I'll be obliged if the experts could tell me that can I join civil services (if selected) while these criminal cases (filed by wife like 498a , dv etc.) are pending against me. is there any problem in joining the govt job when the trial is going on?

 

Few lawyers told me = YES

is it true, if no, kindly provide some legal provision to substantiate the opinion. I'll be highly obliged for your precious opinions.

 

Can I join civil services safely if before my joining MCD happens b/w me & my wife & the cases are closed?



 65 Replies

fight (personal)     22 April 2014

24 to 48 hrs arrest can make you loose your government job. So better close cases. Call at save Indian family helpline 08882498498 for free legal help.

Sudhir Kumar (Dy Director)     22 April 2014

some one said

 

"24 to 48 hrs arrest can make you loose your government job. So better close cases. Call at save Indian family helpline 08882498498 for free legal help."

I do not agree. 48 hours custody is only deemed suspension and not a loss of job.  The deptt has discretion to reinstate  him immediate b y revoking deemed suspension.

 

any criminal trail is hurdle in joining service or even if joined in completion of probation. Rules are same if he is selected as IAS or as labourer.

 

The best path is to try (and try) peaceful settlement

 

Adv. Chandrasekhar (Advocate)     22 April 2014

Indian Criminal Jurisprudence has a golden rule that till a person is convicted, he deemed to be innocent and during the pendency of trail he should not face any disability on account of the criminal proceedings against him.  S. 498 A is as ssuch criminal case, you are not disbarred to compete, get selected and do the job till you are convicted.  On that premise, I do not anticipate any impediment for you  to become IAS, unless you will be convicted for the said offence in future.  But you must ensure one thing - that you should disclose the full facts in your application forms/ verification forms at the time of applying the job as well as for the interview and also at the time of joining.  Concealing the facts related to FIRs filed against the application, pending criminal proceedings is itself a misconduct and if you conceal these facts at any stage of your employment, you could be terminated. 

1 Like

T. Kalaiselvan, Advocate (Advocate)     23 April 2014

very properly advised by learned Advocate Mr. Chandrasekar, leaving nothing more to add. Hope this convinces the querist(?)

2 Like

Robin sharma (s)     23 April 2014

Thanks you very much chandrasekhar sir & kalaiselvan sir for your reply. I am totally convinced.:)

 

further, to Sudhir sir, as per my research at DoPT site, THE INDIAN ADMINISTRATIVE SERVICE

(RECRUITMENT) RULES, 1954 states only 2 grounds of disqualification as mentioned below (& no other grounds of disqualification): -

(that means, being pendancy of criminal cases is not an issue for joining civil services)...have I properly concluded sir??

 

 

5. Disqualifications for appointment

(1) No person shall be qualified for appointment to the Service unless he is a citizen of

India 9( ) (or belongs to such categories of persons as may, from time to time, be

notified in this behalf by the Central Government).10

11[ ]

125(2) No person-

(a) Who has entered into or contracted a marriage with a person having a spouse

living, or

(b) Who, having a spouse living, has entered into or contracted a marriage with any

person, shall be eligible for appointment to the Service:

Provided that the Central Government may, if satisfied that such marriage is

permissible under the personal law applicable to such person and the other party to the

marriage and there are other grounds for so doing exempt any person from the

operation of this sub-rule.

Robin sharma (s)     23 April 2014

chandrasekhar sir & kalaiselvan sir

 

Can you pls clarify one more doubt : -

why, at the time of joining, Govt ask to fill that 4 page form asking the candidate to mention if any case is pending against him etc etc.....& then that form is sent to local police station for their report. what exactly is there purpose to ask this information??

 

Further, do Govt take any negative view towards such a candidate who is accused in a criminal case (even though false case...like these days false 498a cases)?

T. Kalaiselvan, Advocate (Advocate)     23 April 2014

Mr. Robin Sharma,  your fears are unnecessary. Government will not ask for negative views about any candidate, it will seek report from police about the character and his antecedents only.  The report obtained if found to have any adverse remarks about the candidate, the candidature is likely to be rejected or will be terminated  if already employed, during the probation/temporary period itself. But in your case,  at this stage you do not have to worry.

2 Like

Aragorn (none)     04 November 2014

Sir, what all comes forward in a candidate's police report? Because a false complaint was filed against me in college for ragging by a student as he had a grudge against me. But the college authorities and police enquired and it was a fighting incident as we were drunk together and a misunderstanding took place. A compromise was signed between us. Now will it come in my background check??? I was not arrested but do i have to tick aginst detention (asked in form) and explain my case or should I let it go because I don't even know technically what I have to do.

Sudhir Kumar (Dy Director)     04 November 2014

It is the candidate who will honestly reply to the questionareire.

Sudhir Kumar (Dy Director)     04 November 2014

Mr Chadnrasekhar said

 

"Indian Criminal Jurisprudence has a golden rule that till a person is convicted, he deemed to be innocent and during the pendency of trail he should not face any disability on account of the criminal proceedings against him."

 

True this happens in criminal jurisprudence.  But in criminal jurisprudence.

 

In service jurisprudence there is no such concept rather reverse happen.

Aragorn (none)     04 November 2014

but I don't even know whether i was under detention?? Also will this come under my background check???

Because some others gave the opinion that it won't. If it would come than it would be better that I must know how and where I should declare it.

But all I want to know for now is that what all comes under background check/?????

T. Kalaiselvan, Advocate (Advocate)     05 November 2014

Until you have been prosecuted or a FIR against you has been disposed, your name will not appear in the criminal records of police.  If the detention was just like that and you were released next day morning, may be the police would not have registered a crime and would have let you all with a warning, so such issues need be worried about especially for police report on character and antecedents.

1 Like

Aragorn (none)     05 November 2014

Kalaiselvan sir, In your last sentence shouldn't it be "Need Not Be worried" instead of "need be" because my its frightening me.

Also if I go to the police station will they co-operate and tell me if I ask them or they wont.??

Aragorn (none)     05 November 2014

Also I was released after a compromise letter was signed between both parties because if not then they told us that it would all come under fighting and case would be charged against both of us. Even after this the other party was not satisfied and went to higher authority (SP) and complained him about the non co-operation of the police officer(subordinates), after that the police came to the college authorities and took their statement and nothing happened further.

Now what do you suggest??Should I enquire about this in the police station???


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  



Post a Suggestion for LCI Team
Post a Legal Query