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Prabhat Pal   03 June 2020

lockdown violation

hello Sir, my name is prabhat and i m a upsc aspirant. i m booked under "lockdown violation" very wrongly by police, will it affect the govt job and what r the legalities in it? Would i face problems during police verification? Should i disclose it in the form?


Learning

 4 Replies

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     03 June 2020

1.  Till a "conviction order' is not passed by Magistrate Court, for such offences and IF you were let off with a penalty /fine, THEN such offences are not classified as conviction and there is no legal need to mention for purposes of Govt. jobs or Elections or abroad travel.

2. Police does not keep record of such offences and neither does it refer to the Penalties /Fine register during Police verification or character verification.

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

KISHAN DUTT KALASKAR (Advocate)     03 June 2020

It is not a conviction .....please see the following relevant information and prepare for Civil Service Examinations. 

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PETTY OFFENCES NO HURDLE FOR JOBS SUPREME COURT

Non disclosure of conviction in minor offences like traffic offences, railway offenses and other offence is not a substantial offence and not regular trial is held so supreme court says as follow. You should not disclose, nothing will happen. You will be safe. 

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PETTY OFFENCES NO HURDLE FOR JOBS SUPREME COURT

Supreme Court has ruled that non-disclosure of petty offences of the past, like shouting slogans, in the curriculum vitae should not ordinarily be a ground to deny a job.

Coming to the rescue of student leaders who face difficulty in landing a job because of police cases for leading protests, the Supreme Court has ruled that non-disclosure of petty offences of the past, like shouting slogans, in the curriculum vitae should not ordinarily be a ground to deny a job.
"'McCarthyism' is antithesis to constitutional goal, chance of reformation has to be afforded to young offenders in suitable cases, interplay of reformative theory cannot be ruled out in toto nor can be generally applied but is one of the factors to be taken into consideration while exercising power for cancelling candidature or discharging an employee from service,“ a bench of Justices Ranjan Gogoi, Arun Mishra and P C Pant said.

Example:

  • Railway fines and Attestation Form

I was fined Rs. 340 by Police at a Railway Station for crossing the Railway Tracks. I was made to sign some papers and they took my name, father's name, contact and local police station name. An entry was made in the Police Diary as well with my contact. However, I did not get the receipt and paid at the Police Unit on the station itself. Now I am in a dilemma as what to do with the Attestation Form for Government Jobs. The questionnaire in the Self declaration attestation form goes like this :

 

You may answer as follows in the above background:

 

a) Have you ever been arrested? Yes/No …No.

b) Have you ever been prosecuted? Yes/No ….No

c) Have you ever been kept under detention? Yes/No   …No

d) Have you ever been bouned down? Yes/No …No.

e) Have you ever been fined by a Court of Law? Yes/No …No.

f) Have you ever been convicted by a Court of Law for any offence? Yes/No….No.

Section 188 in The Indian Penal Code

188. Disobedience to order duly promulgated by public servant.—Whoever, knowing that, by an order promulgated by a public serv­ant lawfully empowered to promulgate such order, he is directed to abstain from a certain act, or to take certain order with certain property in his possession or under his management, disobeys such direction, shall, if such disobedience causes or tends to cause obstruction, annoyance or injury, or risk of obstruction, annoyance or injury, to any person lawfully employed, be punished with simple impris­onment for a term which may extend to one month or with fine which may extend to two hundred rupees, or with both; and if such disobedience causes or trends to cause danger to human life, health or safety, or causes or tends to cause a riot or affray, shall be punished with imprisonment of either descripttion for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.

 

Explanation.—It is not necessary that the offender should intend to produce harm, or contemplate his disobedience as likely to produce harm. It is sufficient that he knows of the order which he disobeys, and that his disobedience produces, or is likely to produce, harm. Illustration An order is promulgated by a public servant lawfully empowered to promulgate such order, directing that a religious procession shall not pass down a certain street. A knowingly disobeys the order, and thereby causes danger of riot. A has committed the offence defined in this section.

 

2 Like

Prabhat Pal   03 June 2020

Sir Thank you so much for the information.
sir now if i fined by the court in this, should i disclose it in the self attestation form.

Deeksha Chugh   08 June 2020

Thanks for the insight sir.


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