Upgrad LLM

pending criminal cases and govt. job


Hello sir/madam,

kindly look through my case and provide some genuine advise/guidance. I was preparing for the civil services examination in delhi, in the mean time my girl friend has lodged a FIR against me by making a complaint that on the pretext of marriage........... etc. etc...... and i have been sent to JC. after some period I got bail but this lady is very desperate to take vengeance. She along with her husband make filmsy story and lodged another FIR against me u/s 326A. however luckily i was not present there and I was not arrested.

         After some ups and down i started preparing once again bt this time for other examination also  and finally qualified in the exam (banking). I also revealed that there is pending FIRs against me. I was finally allotted  a bank. Now the problem is that they  withhold my appointment on that basis. i further wrote a mail to HRD, made call to the dept. but they have not replied despite my several representation with the bank. lastly i filed writ in the high court. The Hon'ble court has directed the bank to dispose the matter within the time frame. Bank has finally sent me a letter stating that due to serious allegation levelled against you,  bank has decided to cancel your candidature.  Since then i am struggling through day and night, suffering mental agony with the passage of time. I am also very confused now. I can not maintain the same rhythm and focus in preparation. I want to ask here that is there any scope to regain my employment.  Can a pending criminal cases  become hinderance to my career? Kindly suggest the legal remedies available, if any as it was my last chance for the exam as I  am over aged now. Also, above mention FIRs are in trial stage since last two years and charge has not framed yet. Kindly guide me a genuine solution.

 
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p

When this letter was send , kindly mention date ----  Bank has finally sent me a letter stating that due to serious allegation levelledagainst you,  bank has decided to cancel your candidature. 

I think you need to challenge this letter or order immedately . They have presumed you to be guilty before Court decide Guilty or not. They don't have such jurdisction . 

You need to search various courts judgement in case where candidate was selected for Govt/Semi Govt/ Bank job , Some case was pending and it was rejected under such circumstances What High Court/Supreme Court have taken stand. 

So if any such citation is readily available with some one then please post it .


 

 

 

 


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p

I feel you should see to it that both criminal cases are disposed quickly in your interest. So check with criminal advocate in forum who can guide you , way to speed up the matter, unnecessary delay is mental haressment to you. It is like in India people are harrassed by procedure lot and not by jail 

 
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Coming to settlement of cases i think it is an impossible task. My friend  has tried their hand also and in reply false criminal complaint has been filed against them by the lady only to harass him.  Can you tell me that should i stick to govt. job option or i should move and search another area. Reason as far as i know with two false FIR attached to my credit Govt. sector will not going to entertain me.

 
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Originally posted by : Madhu
I feel you should see to it that both criminal cases are disposed quickly in your interest. So check with criminal advocate in forum who can guide you , way to speed up the matter, unnecessary delay is mental haressment to you. It is like in India people are harrassed by procedure lot and not by jail 

Coming to settlement of cases i think it is an impossible task. My friend  has tried their hand also and in reply false criminal complaint has been filed against them by the lady only to harass him.  Can you tell me that should i stick to govt. job option or i should move and search another area. Reason as two false FIR attached to my credit will Govt. sector going to entertain me?

 
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Advocate/Attorney

Your case can be solved by the Advocate who is expert in Service Matters.  If you are interested I can suggest some names.  You cantact me. 


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Scientist/Engineer

Things very much depend on what are the charges against you the dates of FIR's how the police have proceeded after the filing of the FIR etc. Mere allegations cannot be the reason to withhold your candidature. You have to go to court. You have to apply to the court to order the bank immediately to appoint you on the principles of balance of convenience pending disposal of the criminal case, if any, against you. In due course if the case is decided against you and you are punished for a criminal offence the bank can discharge you from service. The people in the bank who issued letter to you will normally have no knowledge of law and they will be playing safe. You will have to hire  a good lawyer and fight the case. If the court accepts the balance of convenience principle the ball will be in the court of the other prty.

 
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Scientist/Engineer

The principle of balance of convenience in legal parlance is like this.

1. If the bank does not give you appointment, as you have rightly said, your career would ruined even if later you were discharges from all criminal cases. The loss to you will be great.

2. On the other hand if the bank employs you now and later the court pronounces you guilty the bank will discharge from service. But the loss to the bank will be small as it will only losing one employee among thousands of employees.

Thus in fairness to you the bank should employ you first and then watch  what happens to your case later.

I am not a lawyer. But I am myself retired from Government Service and have seen such things. Go ahead. You will win.

 
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Till the person is convicted the accused in any case is innocent and the matter remains sub-judiciary.
By the time judgment is passed, already enough time (several years).

Your honble lordship "THE SUPREME COURT OF INDIA." I HAVE A QUESTION?
 
WHAT ABOUT POLITICIANS? SAME YARDSTICK OR DIFFERENT?
PLEASE PASS A JUDGEMENT?

Regards,
Ekta

 

 
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Thank u, Mr. Ramani for your valuable insight. I posted this case in other experts forum also and got highly critical, discouraging and demotivating reply. One of expert simply replied, your chances in this case, is negligible and even ZERO. Anyhow taking only positive things i have challenged their rejection(Bank) and I am sure that some positive outcome will definitely come. And Thanks to u also Ms. Ekta for ur kind support and suggestion.

 
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