Serious case study to govt. employment


Serious case study: Govt Job during pendency of trial 498(A)

 

 

1.         A person working in a central govt job under Min. of Defence

2.        wife lodge 498(A) vide a private complaint 156(3)

3.        No arrest, bail obtained from lower court after 498(A) was lodged ,

4.        Police did not inform the matter to Def. Minintry ( Office) 

5.     Accuse Voluntarily inform this matter to Department . No disciplinery  action taken from office. 

6.        police forward charge sheet within 2 months to Lower Court.

7.        Two appearance date done in court

8.        Charge is not framed yet.

9.        Now the accuse got a better job offer in a Nationalised Bank. he wishes  to leave Defence Min Job( transferable ) to join Bank Job at home town.

10.      what complication may arise in his employment with Nationalise Bank in regards to this false 498(A) case. specially police verification and self affidavit to Bank 

 11.     how can a private complain may ruin some potential job aspirant's remaining professional life ? 

12.      what Hon Court thinks about such issue with respect to individual's constitutional right about - " Right to equality before law"  and "Right to liberty to life"



                                                          Experts please reply

 
Reply   
 
Dy Director

 pendancy of criminal case may hamper his acceptanc of his resignation.

even if he is able to join the pendancy of case may hamper completion of probation in Bank and he should resign only if he is permanent and can hold lien.

 
Reply   
 


Dy Director

Mr Rocky Smith quoted

 

"It cannot be lost sight of that ultimate objective of every legal system is to arrive at truth, punish the guilty and protect the innocent. There is no scope for any pre-conceived notion or view."

 

It will he the happiest day if this happens in evry case.

 
Reply   
 
Advocate

The department rarely takes cognizance of private complaints unless detention is brought to notice. In otherwords,the official machinery would be paralysed due to pouring in of complaints based on jealous and motives.Expert Sudhir has rightly opined.Why you hesitate to let known your identity.

 
Reply   
 
Advocate/Attorney

It is not clear whether registering of FIR against the husband will effect the job career.  If yes, in what way it will effect.  There are two views.  Somebody says as soon as FIR is registered, the employee will be suspended and some other says only on conviction he will be suspended.  Can anybody explain what is the actual legal position on this aspect.  

 
Reply   
 
Dy Director

Mr Ravinder P expressede

 

"as soon as FIR is registered, the employee will be suspended and some other says only on conviction he will be suspended. "

 

I do not agree.  Deemed suspension is a result of 48 hours of custody.

 

In case the charges are serious department doe snot even need to wait for FIR before suspension leave aside custody.

 
Reply   
 
Dy Director

Mr Gabriel said

 

"department rarely takes cognizance of private complaints" I am sorry. Department does take congnizance of even private complaint addressed to department if it has a substance.  Most of the disciplinary action against Govt servants on matrimonial misconduct are on private complaint by wife or in-laws.

 

In this case the matter is of criminal nature. Court has taken cognizance that is the reason he is on bail. WHich authroity can write on his resignation file that "no disciplinary or criminal case is pending"

 

 
Reply   
 
Advocate/Attorney

To Sudhir kumar sir,

 

What is the position if FIR has been registered and the accused got anticipatory bail and there is no custody at all.  

 
Reply   
 
Advocate

A mere pendency of criminal case against the candidate will not render him lose his employment opportunities.  He has been arrayed as an accused in a false case foisted by the police based on some false complaint. Why I am insisting of the false is that until the case is not disposed and the accused is convicted, he will be treated as innocent, therefore as far as his employment opportunity at present, he is innocent, let him make a mention about his pending criminal case and the stage too, but he cannot be deprived of his privilege to get an employment outside defence which is the only source for his resettlement.

 
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