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Joining ias while being under trial

Page no : 3

Aragorn (none)     07 November 2014

Sorry kalaiselvan sir, but I cannot understand the meaning of "refer the case". And I would like to know that if it is possible that compromise could be reached after filing an fir but before being produced in front of a magistrate. PS: just trying to gain some legal knowledge

Aragorn (none)     07 November 2014

Originally posted by : Aragorn
Sorry kalaiselvan sir, but I cannot understand the meaning of "refer the case". And I would like to know that if it is possible that compromise could be reached after filing an fir but before being produced in front of a magistrate.
PS: just trying to gain some legal knowledge

can anyone answer my question??

Sudhir Kumar (Retd Govt Officer)     07 November 2014

Mr Kalaiselvan has perhaps done a mistake of writing the word   "refer the case'".  He will now have to explain the same although the query is resolved.

shuvranshu (Sr Engineer)     18 November 2014


(Guest)

Respected sirs it would be helpful for me if you could give me your esteemed opinion on a matter which is of utmost importance to me.

A non cognizable offence was registered against a few friends of mine for assaulting a person. It was nothing serious he dramatized a lot cried a lot and got the case registered using his strong links. However after the filing of NC report he did not went to the court and agreed for a compromise. Is it possible that my friend can appear for civil services? Will he be rejected in the due process of selection? What can be the due process that can be followed to avert such a situation? Can you please guide in this case?

Sudhir Kumar (Retd Govt Officer)     24 January 2015

Originally posted by : sharmila

Respected sirs it would be helpful for me if you could give me your esteemed opinion on a matter which is of utmost importance to me.

A non cognizable offence was registered against a few friends of mine for assaulting a person. It was nothing serious he dramatized a lot cried a lot and got the case registered using his strong links. However after the filing of NC report he did not went to the court and agreed for a compromise. Is it possible that my friend can appear for civil services? Will he be rejected in the due process of selection? What can be the due process that can be followed to avert such a situation? Can you please guide in this case?

OPne cannot join as long as a criminal case is pending.  In this case it is probably NC report.

 

Is it possible that my friend can appear for civil services?

Yes he can appear.

Will he be rejected in the due process of selection?

no.  None will even ask about criminal background during exam/interview.

What can be the due process that can be followed to avert such a situation? Can you please guide in this case?

he only has to fill questionair (given after selection) truly.  The case against him aappears dropped as told by you.

T. Kalaiselvan, Advocate (Advocate)     26 January 2015

"Refer the case" means, the police will refer the charge sheet through the higher police officer for an opinion to close the case on the basis of compromise or mistaken facts, subsequently it will be put up before the magistrate who will pass an order for closing the charges sheet as referred chargesheet or MOF.  However for the present your friend need not worry about taking up the examination and he can pursue the matter after the examinations are completed and waiting for the result.

Lakshya (Owner)     29 March 2015

Dear Sirs, 
I'm accused in a agitation case along with 50 students since 2005 in the lower court. We have been kept in jail for 5 days. Most of us have not done any wrong act. We went on spot blindly being first year foolish students. Sections imposed against us are 147/148/186/353/427/451/332/34 IPC sec 3 PDP act. Our case is yet to be put on trial since 2005, we are attending court dates. Besides all accused never gather together in the court. Given circumstances, I want to ask 3 questions. 


1. Am I eligible to join civil services with such political/criminal case pending? 
*I have gone through civil services rule, where they have not mention anything as such for disqualification criteria, besides at one point they write, "Post consideration of candidates character, government decision will be final. Another point at civil services rule clearly mention that "probation period may be prolonged if any case pending. 

2. Do they avoid such candidates/cases/selection at UPSC level itself.  

3. Many students were involved in agitation India wide and later join Civil Services. For example, JNU, Delhi University, Allahabad University.. Do I need to worry.. what you suggest ?

Regards,
Lakshya Tripathi

Sudhir Kumar (Retd Govt Officer)     29 March 2015

Originally posted by : Lakshya

Dear Sirs, 
I'm accused in a agitation case along with 50 students since 2005 in the lower court. We have been kept in jail for 5 days. Most of us have not done any wrong act. We went on spot blindly being first year foolish students. Sections imposed against us are 147/148/186/353/427/451/332/34 IPC sec 3 PDP act. Our case is yet to be put on trial since 2005, we are attending court dates. Besides all accused never gather together in the court. Given circumstances, I want to ask 3 questions. 


1. Am I eligible to join civil services with such political/criminal case pending? 
*I have gone through civil services rule, where they have not mention anything as such for disqualification criteria, besides at one point they write, "Post consideration of candidates character, government decision will be final. Another point at civil services rule clearly mention that "probation period may be prolonged if any case pending. 

2. Do they avoid such candidates/cases/selection at UPSC level itself.  

3. Many students were involved in agitation India wide and later join Civil Services. For example, JNU, Delhi University, Allahabad University.. Do I need to worry.. what you suggest ?

Regards,
Lakshya Tripathi

You have to understand few thngs:-

  1. Procedure of verification of ancetedents is not different for IAS.  Iti sthe same procedure which is adopted for a gp-D post.
  2. Yours is not a case of student agitation only.  You are accused of a specific charge in specific FIR in specific Thana.  After selection then you will be handed over a form in which you have to state many facts incuding criminal record.  You have no choice but to fill it honestly.
  3. Under the circumstance no Policeman will have the courage to give clearance to you by stating the "no case pending".
  4. The question of extention of probation is entirely different that character verification.  Probation starts only when you join. You can join only when police states that no case is pending against you.
  5. This verification is never conducted by UPSC.  They just see the eligibility and comparitive merit of the candidate and if selected and if no adverse record in their office they refer the matter to the deptt who is duty bound (despite clearance by UPSC) to get medial examination, get  antecedents examination and also to re-check eligibility, re-check caste status (if availing reservation).
  6. You are already aware that " Post consideration of candidates character, government decision will be final ."  You already know the reply. 

Sudhir Kumar (Retd Govt Officer)     29 March 2015

Originally posted by : Lakshya

Dear Sirs, 
I'm accused in a agitation case along with 50 students since 2005 in the lower court. We have been kept in jail for 5 days. Most of us have not done any wrong act. We went on spot blindly being first year foolish students. Sections imposed against us are 147/148/186/353/427/451/332/34 IPC sec 3 PDP act. Our case is yet to be put on trial since 2005, we are attending court dates. Besides all accused never gather together in the court. Given circumstances, I want to ask 3 questions. 


1. Am I eligible to join civil services with such political/criminal case pending? 
*I have gone through civil services rule, where they have not mention anything as such for disqualification criteria, besides at one point they write, "Post consideration of candidates character, government decision will be final. Another point at civil services rule clearly mention that "probation period may be prolonged if any case pending. 

2. Do they avoid such candidates/cases/selection at UPSC level itself.  

3. Many students were involved in agitation India wide and later join Civil Services. For example, JNU, Delhi University, Allahabad University.. Do I need to worry.. what you suggest ?

Regards,
Lakshya Tripathi


Someone may even advise you that one is presumed innosent till proved guilty. But unfortunately reverse happens in service matters.

Sudhir Kumar (Retd Govt Officer)     29 March 2015

Originally posted by : Sudhir Kumar




Originally posted by : Lakshya






Dear Sirs, 
I'm accused in a agitation case along with 50 students since 2005 in the lower court. We have been kept in jail for 5 days. Most of us have not done any wrong act. We went on spot blindly being first year foolish students. Sections imposed against us are 147/148/186/353/427/451/332/34 IPC sec 3 PDP act. Our case is yet to be put on trial since 2005, we are attending court dates. Besides all accused never gather together in the court. Given circumstances, I want to ask 3 questions. 


1. Am I eligible to join civil services with such political/criminal case pending? 
*I have gone through civil services rule, where they have not mention anything as such for disqualification criteria, besides at one point they write, "Post consideration of candidates character, government decision will be final. Another point at civil services rule clearly mention that "probation period may be prolonged if any case pending. 

2. Do they avoid such candidates/cases/selection at UPSC level itself.  

3. Many students were involved in agitation India wide and later join Civil Services. For example, JNU, Delhi University, Allahabad University.. Do I need to worry.. what you suggest ?

Regards,
Lakshya Tripathi






You have to understand few thngs:-


Procedure of verification of ancetedents is not different for IAS.  Iti sthe same procedure which is adopted for a gp-D post.

Yours is not a case of student agitation only.  You are accused of a specific charge in specific FIR in specific Thana.  After selection then you will be handed over a form in which you have to state many facts incuding criminal record.  You have no choice but to fill it honestly.


Under the circumstance no Policeman will have the courage to give clearance to you by stating the "no case pending".

The question of extention of probation is entirely different that character verification.  Probation starts only when you join. You can join only when police states that no case is pending against you.

This verification is never conducted by UPSC.  They just see the eligibility and comparitive merit of the candidate and if selected and if no adverse record in their office they refer the matter to the deptt who is duty bound (despite clearance by UPSC) to get medial examination, get  antecedents examination and also to re-check eligibility, re-check caste status (if availing reservation).

You are already aware that " Post consideration of candidates character, government decision will be final ."  You already know the reply. 


 

 


already replied

https://www.lawyersclubindia.com/forum/details.asp?mod_id=84405&offset=1#.VRgJ2o6IygA

Sudhir Kumar (Retd Govt Officer)     29 March 2015

trial is pending more than 10 years back. Fit case to seek High Court directions for speedy trial.

Lakshya (Owner)     30 March 2015

Thanks @Sudhir Sir for quick reply.
I had apprehensions regarding selection at UPSC level. But as you said their (UPSC) recommend qualified candidates to DoPT. I'm relived. Moreover, You have far better idea of law & Justice than me but still.. I would like to say something here..
1. I was minor (most of  us were minor students)
2. 100 per cent attendance to court dates (some people are now absconding) during 10 years prolonged delay in justice. Charges in FIR is yet to be put on trial by court, then arguments...n so on
3. No involvement in any other criminal cases since this incident happened. 
4. 5 days of custody & 10 years of attendance, while most of the accused stayed in different cities. 

As you rightly suggest I should go for speedy trial (high court route) .. But I think seeking any relief from high court may go adverse in this case for now. I'm not sure if I qualify for Civil services, then high court may provide relief (even if government rejects my candidature)...
Half of the law makers in Parliament and 6 Chief Ministers carry similar charges as I'm...irrespective of other charges of heinous crimes. 
Lastly, Correct me if I'm wrong.. Justice system is there to correct people if not to produce criminals. Isn't it? 
Does court consider such perspectives ? 


 

Sudhir Kumar (Retd Govt Officer)     30 March 2015

@ Mr Lakshya

 

Your questions

 

1. I was minor (most of  us were minor students)
 

Not relevant.  You have a case pending

 

2. 100 per cent attendance to court dates (some people are now absconding) during 10 years prolonged delay in justice. Charges in FIR is yet to be put on trial by court, then arguments...n so on

 

You are still not exonerated.

 


3. No involvement in any other criminal cases since this incident happened. 

 

Not relevant. Atleast one case is pending


4. 5 days of custody & 10 years of attendance, while most of the accused stayed in different cities. 

 

You are still not exonerated.

As you rightly suggest I should go for speedy trial (high court route) .. But I think seeking any relief from high court may go adverse in this case for now.

 

Your choice.  If you do not want to apply for speedy trial then keep attending courts till last day of life.  Trial will not progress as some accused are absconders for which you are not responsible.

 

I'm not sure if I qualify for Civil services, then high court may provide relief (even if government rejects my candidature)...

 

I never said so.


Half of the law makers in Parliament and 6 Chief Ministers carry similar charges as I'm...irrespective of other charges of heinous crimes. 

 

Not relevant.  You are not contesting to be MP or CM.


Lastly, Correct me if I'm wrong.. Justice system is there to correct people if not to produce criminals. Isn't it? 

 

Yes justice system provides for exercise of right to speedy trial in the situation like yours and it is your choice not to proceed towards that


Does court consider such perspectives ? 

 

 Not for comments by this forum.

Lakshya (Owner)     30 March 2015

Thanks again for reply @Sudhir Sir. 

For all who are reading this post...
1) There is no case til date (since independence) that an individual who have qualified for Civil Services and couldn't get relief from the respective courts, ,,,except heinous crime. 

2) In worst scenario, problem come during allotment of cadre post training of 9 months. In other words, no one stop you til you finish training for the services you choose..IAS, IFS, IPS..or B grade services...here you should be panic to get your case quashed/relief from the respective courts. 

3) Now million dollar question what is the perspective of courts.. (High court or if needed Supreme Court) 
See, 99 per cent of judgement are relative and not absolute, except in special cases. Please find the links where respective court have given judgement in similar cases.. 

A) Here is the case of an individual who is convicted for the crime but supreme court paved way for him to join services quoting "he reedemed himself by qualifying for the exam"
https://www.dnaindia.com/india/report-supreme-court-paves-the-way-for-rape-convict-to-join-ias-1413810

B) Government can't cancel appointment on the ground that 498A or a "criminal case is pending" 
https://498amisuse.wordpress.com/2012/09/13/government-cannot-cancel-appointment-of-candidate-on-the-ground-that-498a-or-a-criminal-case-is-pending/

C) last but not the least 
https://www.thehindu.com/opinion/open-page/i-found-my-place-in-tihar-jail/article4706915.ece

Moreover, there are opinions that "everyday is not Friday" .. but thankfully court judgement are relative and not absolute in nature. Except in worst cases....Keep studying hard :) 
 


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