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Neha Singh (HR)     29 October 2015

Service matter

Respected Sir!!

I am filling a Job form in that they are asking 

Have you ever been prosecuted, kept under detention or fined, convicted by the court of law for offence, debarred or disqualified by public service commission from appearing in the examination? If yes give details.                              

What should be response to above question?

Kindly respond me in Light of the fact that " CAT has given judgement that wrt my OA, ( in my favour’)"

CAT order in my case---  " that the memorandum(which SSC has send ) having not fulfilled the basic requirement of a show cause notice is patently illegal and unsustainable and is accordingly liable to be set aside. Consequently, the order passed based upon the show cause notice also become vitiated and cannot be sustained. "

i.e: CAT gave judgement in my favour and the Memorandum which SSC has send me has been SET ASIDE.

<P.S: Kindly answer me I am very worried>

  • Most Important: What will be legal implication if I write NO in above question. I am saying NO as them SSC memorandum has already been SET ASIDE. I am afraid that writing complete detail may hamper my job prospect. And , writing NO as SSC memorandum has already been SET ASIDE.( which imply i am not barred )

WAITING for Detail REPLY in earnest!!

 

 

MEMORANDUM of SSC was 

 I have been found of Malpractice and have been debarred from Commission exam for 3 Yr. 

This is challenged in CAT and CAT Gave judgement in my favour

CURRENTLY CASE IS..

I have filled OA in Central Administrative Tribunal.

I had filled my case in CAT and JUDGEMENT was

 

CAT order in my case---  " that the memorandum(which SSC has send ) having not fulfilled the basic requirement of a show cause notice is patently illegal and unsustainable and is accordingly liable to be set aside. Consequently, the order passed based upon the show cause notice also become vitiated and cannot be sustained. "

 

 

i.e: CAT gave judgement in my favour and the Memorandum which SSC has send me has been SET ASIDE.

.

Note: 1. I have filled OA in Central Administrative Tribunal.

2. I am NOT appearing for SSC again.

3. Its another government job, where i have been asked this question.

And, I have filed my OA with Central Administrative Tribunal and got the Above favourable order.

So, kindly answer my query !! < I am very worried >

 

 

OTHER FACTS !!

Respected Sir,

                           I have been barred from SSC ( Staff Selection Commission)for no reason what so ever of mine. One fine morning i received at me home a letter from SSC, stating that I have been found of Malpractice and have been debarred from Commission exam for 3 Yr. 

Till Interview

I had given my prelims, in that i got 139/200 and cutoff was 109 ( not sure) and In mains i secured 169/200 in Maths,  155/200 in English, 58/200 in stats. ( overall rank till mains was 800 apx AIR ). after that i was called for interview and i gave it. BUT i was waiting for results but my name could not be featured in list of selected candidate. So i was worried and filled RTI to enquire my marks.Meanwhile, I got memorandum from SSC that I have been debarred.

 Other Information

 In fact in my response to SSC i have asked for reason for debarment. BUT they have said ON POST EXAMINATION analysis you have been debarred.
 

If fact, I had received memo from SSC and I had in detail replied to SSC, Then SSC after slumber of 9 Months replied back to me and said I have been Debarred from Commission exam for 3 year. ( Now that i think is highly against natural Justice)
 

MEMORANDUM of SSC was 

 I have been found of Malpractice and have been debarred from Commission exam for 3 Yr. 

This is challenged in CAT and CAT Gave judgement in my favour

CURRENTLY CASE IS..

I have filled OA in Central Administrative Tribunal.

I had filled my case in CAT and JUDGEMENT was

 

CAT order in my case---  " that the memorandum(which SSC has send ) having not fulfilled the basic requirement of a show cause notice is patently illegal and unsustainable and is accordingly liable to be set aside. Consequently, the order passed based upon the show cause notice also become vitiated and cannot be sustained. "

 

 

i.e: CAT gave judgement in my favour and the Memorandum which SSC has send me has been SET ASIDE.

 

 



Learning

 2 Replies

Kumar Doab (FIN)     29 October 2015

One should not conceal anything in job application and affidavit.

You have been cleared of the charge.

Download merit list after the exam.

 

An almost similar query has been discussed at following thread that you may find relevant:

 

https://www.lawyersclubindia.com/experts/Road-accident-case-can-affect-my-job--565526.asp#.VizC2m5-jMo

 

siddhartha sinha   30 October 2015

With due respect to Mr Doab, the status as on now is that, she is not barred from ssc. Once somebody mentions that he or she was debarred though subsequently allowed by court, may create a negative impression later. It will be difficult to convince others that you were innocent as the CAT judgememt is evidently due to pure technical formalities i.e. not having served showcause notice and does not per se indicate anything else.

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