LAW Courses

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Joining ias while being under trial

Page no : 4

Adam Smith   27 June 2016

You are right. Your antecedents will be checked by DoPT which might decide their own penalty for you, based upon the nature of the crime. Sudhir is not right when he says that the candidature will be rejected at the level of local policemen/thana.

So do not worry and prepare well for the exam.

Khush   27 June 2016

no issues, 

appointment can not be denied to you if there is trial going on

even if there is conviction of govt employee (less than 3 years imprisonment) then his employer will have to hear the employee before arriving at conclusion to dismiss from service

so u can join ias even with trial

there are so many judgments of various courts when they quashed decisions of govt to deny appointments to undertrials

and finally do u believe that charges against you are true? and can be proved?

if u have done nothing wrong and if the charges are false, no force can deny u appointment, 498a will fail.

remember, 498a conviction comes in following cases (by the history of convictions):

1, if the wife on the day of separation (or within a few days of separation) gets herself admitted in hospital, and has MLR for her injuries

2. if husband has remarried during separation

3. if there is definite proof of demanding dowry

if your case does not fall in this category, just chillllllllllllllllllllllll

 

Sameer   10 September 2016

Respected sir/madam

In 2011, when I was 20 year old my landlord ask my family to vacate home which was rented but we sought sometime. Denying this, landlord went to PS and complaint that  I and my falther verbally abused him. Police came to our home and asked whether we verbally abused him. We denied it and police asked to vacate home in 30 days which we obeyed and vacate home in 7 days. Now, my question is whether this incident of my life will create problem during IAS appointment. Please help me and let me know whether i should metioned this incident during appointment as no arrest, no court involved and no fine. Please help me sir/madam as this wil help me concentrate on studies. Thank you

Sudhir Kumar (Retd Govt Officer)     10 September 2016

Originally posted by : Sameer
Respected sir/madam

In 2011, when I was 20 year old my landlord ask my family to vacate home which was rented but we sought sometime. Denying this, landlord went to PS and complaint that  I and my falther verbally abused him. Police came to our home and asked whether we verbally abused him. We denied it and police asked to vacate home in 30 days which we obeyed and vacate home in 7 days. Now, my question is whether this incident of my life will create problem during IAS appointment. Please help me and let me know whether i should metioned this incident during appointment as no arrest, no court involved and no fine. Please help me sir/madam as this wil help me concentrate on studies. Thank you

No case is registered against you at any thana in India.

Police doe snot do any paper work when they misuse their uniform.  In your  case they have acted beyond jurisdiction, pocketed some money from landlord and thretened you to vacate.   No record is made by them in such case. 

Sameer   10 September 2016

Thank you so much sir for your quick reply. I dont know whether they register it or not.Police constable just said vacate home in 30 days and took my father's signature. I was made co-accused in false verbal abuse. Although no arrest, nor court proceeding no fine.

Sameer   10 September 2016

One last and final question. Do i need to mention this during IAS recruitment? During filling verification form. Please answer this last question sir . Thank you.

Sudhir Kumar (Retd Govt Officer)     10 September 2016

"Police constable just said vacate home in 30 days and took my father's signature. I was made co-accused in false verbal abuse"

a constable is nobody (just nobody) to ask you to vacate the house.  He was bribed and in order to terrorise you took something in writing on plainpaers and you vacated the house.  His bribe then becomes well earned.

 

Policemne are not keeping any evidenc ein their record to prove that theyhave misused their position to do something which they are not empowered.

Sudhir Kumar (Retd Govt Officer)     10 September 2016

Originally posted by : Khush
no issues, 

appointment can not be denied to you if there is trial going on

even if there is conviction of govt employee (less than 3 years imprisonment) then his employer will have to hear the employee before arriving at conclusion to dismiss from service

so u can join ias even with trial

there are so many judgments of various courts when they quashed decisions of govt to deny appointments to undertrials

and finally do u believe that charges against you are true? and can be proved?

if u have done nothing wrong and if the charges are false, no force can deny u appointment, 498a will fail.

remember, 498a conviction comes in following cases (by the history of convictions):

1, if the wife on the day of separation (or within a few days of separation) gets herself admitted in hospital, and has MLR for her injuries

2. if husband has remarried during separation

3. if there is definite proof of demanding dowry

if your case does not fall in this category, just chillllllllllllllllllllllll

 

even if there is conviction of govt employee (less than 3 years imprisonment) then his employer will have to hear the employee before arriving at conclusion to dismiss from service

Rule 19 of CCS(CC&A) Rules read with article 311 is very clear.  A convicted govt servant is not entitled to any chargesheet or inquiry.  He is to be served a SCN only befor eissue of penalty.  As a matterof practice such SCN is issued in jail and reply forwarded by Jail Authroities thereafter penalty specified in rule 11 is imposed.

Sudhir Kumar (Retd Govt Officer)     10 September 2016

Originally posted by : Sameer
One last and final question. Do i need to mention this during IAS recruitment? During filling verification form. Please answer this last question sir . Thank you.

Some persons do have problem and they have to seek advise.

 

Some do not have problem and they have to assume one

 

Some persons just do not contend with assuming a problem rather create problem for the sake of free advise.

Sameer   11 September 2016

Thank you for your response sir. Sir they took my father signature not on plain paper they took it on dairy on which my father and name was written.

Sameer   11 September 2016

So as in that dairy of police, father and my name was written so do I need to mention this while filling verification form. Please resolve my concern sir. Thank you

Sameer   11 September 2016

I read somewhere it was NCR(non rcognizable report). If it is so what r the concern and what need to be done during filling verification form and this NCR Will create any problem in 'recruitment.

Sudhir Kumar (Retd Govt Officer)     11 September 2016

Originally posted by : Sameer
I read somewhere it was NCR(non rcognizable report). If it is so what r the concern and what need to be done during filling verification form and this NCR Will create any problem in 'recruitment.

if at all selected for any govt job then you have to fill attestation form.

in the said form you have to fill a questionaire. 

 

In this quesionare there is no colum whether any policeman took bribe and miused powers to get a house vacated from you.

Sameer   11 September 2016

But there is no prove that police took bribe although I think they took but no proof. Official record is only NCR which states that my father and I verbally abuse landlord. So, my doubt is if it is NCR of verbal abuse, will it create problem although matter never reached court, no arrest, no fine. 

Neha   19 September 2016

Hello sir, my case is little bit same as Mr. Sameer case. I was living along with my friend (Girl), one day my house owner came and ask to vacate home as he want to do demolish it and make building, when we ask for three months time, he register false complaint that we spoke bad words to him and non cognizable was registered in police (in a register names were written). But police made compromise there only and we left that home. So, will this create problem after getting selected in UPSC. Do this account to "Moral turpitude"?. Please solve my query as this question creating big problem in my mind. 


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  


Start a New Discussion Unreplied Threads

LCI Learning Hindu Laws


Popular Discussion


view more »




Post a Suggestion for LCI Team
Post a Legal Query