Government employee released on bail
Vimalesh Bhatia
(Querist) 08 February 2012
This query is : Resolved
if any government employee faced a case of 420 and 406 with his/her father a second accused and released on bail (Without custody). case is not related with his/her employer (not official).
1. It is need to be informed his/her office or not ?
2. This will effect his/her career not, if any thing happened in his/her career, what and what way.
Devajyoti Barman
(Expert) 08 February 2012
1. Yes
2. If he is convicted then on the ground of moral turpitude he would be sacked from employment.
Vimalesh Bhatia
(Querist) 08 February 2012
fact of case are as follows:-
1. case is registered in 1994, when he was studying in college with his father.
2. even his father was not known about the case until 2001, when known father raised for AB but refused by court.
3. son got employment in 2006 in government.
4. character verification was also done.
5. in 2012 father arrested by police and released on bail, son is also released on AB(Without custody).
any way to save son's career?
Vimalesh Bhatia
(Querist) 08 February 2012
fact of case are as follows:-
1. case is registered in 1994, when he was studying in college with his father.
2. even his father was not known about the case until 2001, when known father raised for AB but refused by court.
3. son got employment in 2006 in government.
4. character verification was also done.
5. in 2012 father arrested by police and released on bail, son is also released on AB(Without custody).
any way to save son's career?
Sudhir Kumar, Advocate 
(Expert) 09 February 2012
Query is vague. I this not clear whether the son did not know who his father is (till 2001) or father did not know of the case till 2001. It is difficult to believe someone to be unware of a case against him for 17 years.
Without going into the details it can be seen that if the case was registered in 1994 and the employee got job in 2006. In most probability it appears that the attestation forms did not contain the correct information in last column regarding pendency of criminal case. The job in that case is obtained by misleading information.
1. It is need to be informed his/her office or not ?
Ans : Certainly Yes. Non-intimation is a misconduct and disciplinary action can be taken.
2. This will effect his/her career not, if any thing happened in his/her career, what and what way.
Ans : Yes. The effects can be as under :-
(i) During the period the case is pending no promotion can be given, it does not matter how long it takes.
(ii) During the period the case is pending no deputation can be allowed.
(iii) During the period the case is pending no voluntary retirement can be allowed.
(iv) During the period the case is pending Govt permission to visit abroad can be withheld.
(v) During the period the case is pending no pension /gratuity/ leave encashment will be given if retired.
(vi) During the period the case if any time bail is cancelled and he goes to custody beyond 48 hours then he will be deemed suspended.
(vii) The attestation form submitted at the time of recruitment can be reviewed to see if any misleading information is there regarding this case (which is likely to be there). He can be dismissed from service I any such misinformation be found.
(viii) If convicted on any ground. He will have to be dismissed from service (even if it is on moral turpitude or not)
(ix) A Govt servant is expected to maintain absolute integrity even in private life. So even during the pendency of the case Deptt can initiate disciplinary action on the facts leading to the case. Even if acquitted on technical grounds (Other than scot free) still deptt has option to consider disciplinary action on the circumstances leading to the case.
His career can be saved only be acquittal on proving innocence.
