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Regarding job on compensatory basis....

(Querist) 19 October 2013 This query is : Resolved 
1. A false case was filled on me in 2011 u/s 143,147,504,506 R/W 149 of IPC (falsely alleged) and case is still pending before the Honb'ble JMFC Court and now I wanted to apply for government job on Compensatory Basis in Karnataka.
2. Is this false case affects to get the job and am I eligible to get government job in Karnataka ?
3. If it won't affects to get job then kindly give me any citations which are in my favor ?
it is too urgent plz inform me if it possible along with supporting citations.....
Devajyoti Barman (Expert) 19 October 2013
It would all depend upon whether the Govt would take a chargesheeted candidate as employee.
Ms.Nirmala P.Rao (Expert) 19 October 2013
It depends on the service rules of the government.Normally government prefers to appoint candidates with integrity.
Raj Kumar Makkad (Expert) 19 October 2013
You shall have to wait till th case is finalize.
Sudhir Kumar, Advocate (Expert) 19 October 2013
chances are bleak
Kannadiga (Querist) 20 October 2013
Dear Sir/Madam,

Kindly go through the below cases and requesting you to give your valuable opinions:

1. Government cannot cancel appointment of candidate on the ground that 498A or a criminal case is pending
September 13, 2012Fighting Legal TerrorLeave a commentGo to comments
Central Administrative Tribunal – Lucknow
Vineet Kumar Aged About 32 Years … vs Union Of India Through Secretary, … on 12 September, 2012
Original Application No. 331/2011

This the 12th day of September, 2012

Honble Mr. Justice Alok Kumar Singh, Member (J)

Honble Sri S.P.Singh, Member (A)

Vineet Kumar aged about 32 years son of Sri Vijay Pal Singh resident of 741, Civil Lines, Kalyani Devi, Unnao.

and,
2. Harish Kumar S/O Surender Singh vs Government Of Nct Of Delhi Through ... on 28 July, 2008
Bench: V Bali, J A L.K., M Chhibber

Awaiting for your earliest reply,
Sincerely Yours,
prabhakar singh (Expert) 20 October 2013
True that a person would be not called guilty of an offence unless convicted.

But where employers' choice is large and there is que of employees,it is a big stigma to deal passively and to ignore such candidates.

cancelling an appointment and not appointing
are two different spheres.

If case is the bearing in mind of employer and employer feels not to take that candidate employer would have several other reasons to ignore such a candidate.

Moreover you are looking for a compensatory job which is not a right but a charity by employer.
ajay sethi (Expert) 20 October 2013
agree with experts
Rajendra K Goyal (Expert) 23 October 2013
Very well advised by the expert prabhakar singh ji and other experts, chances are bleak for appointment provided acquitted before the decision on employment.
Sudhir Kumar, Advocate (Expert) 23 October 2013
in the eye of law none is presumed guilty unless convicted


BUT BUT BUT

in service jurisprudence of the Govt the mathematics is reverse whether it is criminal case or departmental case. None is presumed innocent till acquitted.


THAT IS THE HARSH REALITY ONE HAS TO LIVE WITH.
Sudhir Kumar, Advocate (Expert) 23 October 2013
Agreeing with Mr Prabhakar Singh I would add that it is not COMPENSATORY JOB rather COMPASSIONATE JOB that you are seeking.


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