Pending criminal cases and govt. job

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 .

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 far as i know with two false FIR attached to my credit Govt. sector will not going to entertain me.

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?

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. 

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.

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.

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

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.

I think this is totally unfair because till a person isn't convicted guilty by court,this should not be done.

Thank you Ms. yukta for ur comment, but see the irony of law. If anyone have any judgement related to it kindly help me. 

Originally posted by : ravindran

Thank you Ms. yukta for ur comment, but see the irony of law. If anyone have any judgement related to it kindly help me. 

Sir please reply