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void   11 May 2023

Please help

Last day I met with an accident. And the other guy was hurt and I was charged with IPC 338 and IPC 279. I was waiting to join government service in a month. With this case pending can I join in service. Please help. 



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 4 Replies

Sudhir Kumar, Advocate (Advocate)     11 May 2023

No you may not join.  Please settle the mtter.

T. Kalaiselvan, Advocate (Advocate)     11 May 2023

The question is not about the case which wikll prevent you from joining in any government job during pendency of a criminal case. You must declare the pendency of the criminal case against you in your application for the job and inform the results at a later stage when the case is disposed, accordingly. 

Sudhir Kumar, Advocate (Advocate)     17 May 2023

You have no option against speaking truth.

Niharika Lohan   10 June 2023

Hi, here is my take on you query.

To begin with, there are two kinds of charges, civil and criminal.civil charges have no effect on a government recruitment. Whereas in 2011 the Hon’ble SC in the landmark case of State of Bengal V Nazrul Islam (civil appeal no. 8638 of 2011)  held that person facing criminal cases cannot be considered suitable for appointment in government service unless acquitted of the charges.

You may be the best amongst all the other candidates but as long as a criminal case is pending against you, your recruitment is put on hold.

My opinion would you to be to try and settle the case with the aggrieved person, that is to say, compensate him monetarily for the injury that he has sustained and also seek for forgiveness. As this is your best shot to cut down the legal proceedings going on against you if he takes the case back.

I’m attaching the link to a thread which has the same facts as yours, you should read it for a better understanding. Find the link below.

https://www.lawyersclubindia.com/Forum/motor-cycle-accident-209100.asp

I hope this information helps, and in case of further questions you can reach me at niharikalohan@yahoo.com


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