Government job with pending case
Ganesh
(Querist) 25 June 2014
This query is : Resolved
Dear all,i searched some da queries regarding the subject but did not find any query similar to my case.....3 years back i had been arrested and charged under maharashtra anti ragging act,da trial is going on in da court of first class magistrate,,my arrest was because i was present der(college hostel),none of da victims have mentioned my name ....now i have got a job in bank,i have mentioned regarding da case in their joining form....now during police verification wat should i write and wat are da probabilities of an adverse remark.........and with the case unresolved should i prepare for any government exams or the case will be a hinderance so no chance till i am acquitted
ajay sethi
(Expert) 25 June 2014
you should disclose pending case in police verification .you can prepare for govt exams . since none of victims have mentioned your name chances of acquittal are good
Guest
(Expert) 25 June 2014
Pending judgment in the case you will be required to give necessary information to the police party verifying your character & antecedents on their asking.
Ganesh
(Querist) 25 June 2014
Thank u both for your expert advice on the issue..........it is a very good help for ppl like me who have been caught on da wrong side of law.........and one more clarification,which is a better outcome to have.......short duration case over but made to pay only fine without imprisonment........or long duration and full acquittal .........also in future interview of government exams wat is da position i need to take regarding dis case prior to acquittal
Rajendra K Goyal
(Expert) 25 June 2014
Fine is also punishment. You should disclose the same.
Guest
(Expert) 25 June 2014
Your supplementary query is purely hypothetical and of academic nature. Better ask only when any punishment is awarded.
Ganesh
(Querist) 25 June 2014
One last question........dear ps dhingra sir,in one of the queries posted by sanjeev regarding section 323 and 506 you have mentioned that a person cannot join service unless acquitted......will it apply to my case also ??since decision not yet given.........i dont know when decision will come...and till that time whether my employer will wait or is it possible that they cancel my appointment
Raj Kumar Makkad
(Expert) 25 June 2014
As the offence do not come within ambit of moral turpitude, you can definitely join but better to disclose all facts leading to your pending case.
Guest
(Expert) 26 June 2014
Depends upon the verification report of the plice.
Ganesh
(Querist) 26 June 2014
Thank you experts.....will wait for police verification now and get back once it is done
ajay sethi
(Expert) 26 June 2014
thanks for your appreciation
Guest
(Expert) 26 June 2014
You are welcome.
Ganesh
(Querist) 03 September 2014
dear sirs.........with respect to the above case,i contacted my bank,they told me that pending the outcome of the case,appointment letter will not be issued and they won`t wait for the outcome even for three months...what should i do now?is there any legal remedy
Ganesh
(Querist) 03 September 2014
also sir,is there any rule or law prohibiting a person undergoing trial from getting government job....is the criminal record determination different for different organisations?one of my friends in the same case with me under the same situation was allowed to join a different psu bank as po until the outcome of the case.....
Raj Kumar Makkad
(Expert) 03 September 2014
It is the prerogative of the concerned organization to decide whether to allow or not for joining a person against whom a criminal case is pending. You can submit an affidavit before the employer bank to the effect that you shall accept the verdict of the court and accordingly shall withdraw your appointment if the judgment goes against you. Banker may allow you otherwise you have no legal remedy in the given situation.
Sudhir Kumar, Advocate
(Expert) 18 September 2014
as long as any case is pending you cannot join. Be clear.
you asked
"you have mentioned that a person cannot join service unless acquitted......will it apply to my case also ??"
yes law will not change for you.
You may prevail upon the complainant to withdraw case.
Sudhir Kumar, Advocate
(Expert) 18 September 2014
repeated
http://www.lawyersclubindia.com/forum/Bank-job-with-pending-case-108444.asp#.VBpI11eO5G0
Ganesh
(Querist) 18 September 2014
sir the query is a continuation........my police verification is over but the bank wants me to clear the case before appointment.......which is very difficult....so i was thinking of writing to the bank giving a undertaking that in case of conviction my appointment may be cancelled......is this the right way.......at the same time i will request the magistrate to finish hearing at the earliest.....is there any other way out?
Ganesh
(Querist) 18 September 2014
sorry sir,as nobody was replying in this thread i had to open a new thread.....i apologize for the inconvienience
Sudhir Kumar, Advocate
(Expert) 18 September 2014
"i was thinking of writing to the bank giving a undertaking that in case of conviction my appointment may be cancelled"
THERE IS NO SUCH PROVISION
A CONVICTED GOVT SERVANT HAS TO BE REMOVED/DISMISSED.
Sudhir Kumar, Advocate
(Expert) 18 September 2014
"is there any other way out? "
yes seek mercy of complainant and get complaint withdrawn
Ganesh
(Querist) 20 September 2014
dear sirs,proceeding has already started,so there i don`t think the complaint can be withdrawn(it was filed by our principal).......but my senior in the same case was given appointment order by another psu bank....do the rules differ with different banks? if i write a letter to the bank to consider my case apart from the affidavit,is there anything more that i can mention? thank you sirs
Ganesh
(Querist) 23 September 2014
thank you experts.....
