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A person acquitted of criminal charges under section 497 can be considered for govt job

(Querist) 21 April 2013 This query is : Resolved 
Sir, My brothter was selected as a constable in Bihar Police but 02 days before joining the post he surrendered in the court of law. He was falsely implicated in a rail robbery case with various section like 497. the case is pending in the court. Sir my query is whether we can make an appeal to be instated in bihar police as a constable at this stage.
Can he will be considered for other govt jobs if acquitted.
Whether being a accused will have any impact on antecendent in joining the govt jobs after acquittal also. sir please clarity.
Sudhir Kumar, Advocate (Expert) 21 April 2013
he cannot join.
Raj Kumar Makkad (Expert) 23 April 2013
If your brother gets acquitted from the criminal case beyond any reasonable doubt then definitely he shall be able to join any govt. job including the police but at this stage, it is not possible.
prabhakar singh (Expert) 23 April 2013
if acquitted he can be considered .
Sudhir Kumar, Advocate (Expert) 17 September 2014
Aquitaine should be on merit and not on procedural /technical grounds.
Advocate. Arunagiri (Expert) 17 September 2014
The word "acquitted" is enough. He is eligible for the Govt job.

Whether acquittal is on merits or not is a matter of consideration for revocation of suspension, where in the departmental enquiry is also initiated on the same cause of action.
Raj Kumar Makkad (Expert) 17 September 2014
I do endorse the clarification of Ld. Arunagiri. Acquittal entitles such employee to join his service again.
Sudhir Kumar, Advocate (Expert) 17 September 2014
I wish I could agree to the view of Mr Aunagiri.


First of all this is not a case of suspension. He has been booked even before he could join.

Secondly he is seeking advise on the prospects of joining other job.

Mere acquittal does not give a right to join service (or getting reinstated if already in service. I
Raj Kumar Makkad (Expert) 17 September 2014
Specific order is definitely required to be taken by the department but acquittal definitely entitles for that situation and only this point was highlighted by Aruanagiri and endorsed by me.
mukesh (Querist) 23 August 2018
Thanks a lot for kind advice


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