Fir filed against me to turnish my selection

Querist : Anonymous (Querist) 18 October 2023 This query is : Resolved
I have cleared Upsc, till the date I was filling the attestation form there was no fir against me. But after few days an fir filed against me and family by my in-laws. I have gone for quashing at high court also. Highcourt has given the stay order as well. Will it affect my upsc appointment as in attestation form it was mentioned till the date of filling attestation form any pending case against you. At that time there was no fir against me. After few days of filling attestation form fir filed against me

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Querist : Anonymous (Querist) 18 October 2023
Please need you sufgestion

Sudhir Kumar, Advocate (Expert) 18 October 2023
it is for the police to give factual report on the date of verification.

Querist : Anonymous (Querist) 18 October 2023
Sir I have filled it correctly while filling the attestation form I have no fir filed against me , till that date I have no fir against me. Will the police will check till the date when attestation form filled and submitted.

Querist : Anonymous (Querist) 18 October 2023
Please suggest sir,
Sir I have filled it correctly while filling the attestation form I have no fir filed against me , till that date I have no fir against me. Will the police will check till the date when attestation form filled and submitted.

kavksatyanarayana (Expert) 18 October 2023
At the time of verification by the police, if the FIR is filed at that time they report that there is a case pending against you.

Sudhir Kumar, Advocate (Expert) 19 October 2023
You filled correctly at the time of signing of form.

police will report correctly at the time of signing of report.

Querist : Anonymous (Querist) 19 October 2023
d) Is any criminal case pending against you in any Court of Law at the time of filling this Attestation form? Sir this point while filling this upsc post selection document I don't have any pending case on that date, but later after few days a case filed against me. As factually I have disclosed correctly to upsc till the date of filling this document . During background check what impact it will have. Is there any chance that they will cancel?

kavksatyanarayana (Expert) 19 October 2023
It depends on the police report in my view.

T. Kalaiselvan, Advocate (Expert) 20 October 2023
It is very clear from the contents of the application form that whether there was any criminal cases pending against you, which actually was not, hence you have filled up the form correctly saying NO.
Therefore, you just wait for getting selected and for the police verification report.
You can then challenge the police report if it is adverse to your selection because there was no case pending at that time.
However your appointment may be deferred if there is a criminal case pending against you before giving you the appointment letter

Querist : Anonymous (Querist) 20 October 2023
@kalaiselvan sir Thank you for your response.
I have already selected I have received my appointment letter as well but the thing is may be police verification will be done after joining within 6 months. In attestation form i.e after selection documentation one point was there:
Is any criminal case pending against you in any Court of Law at the time of filling this Attestation form?
I said no as at the time of filling no case was pending.
But till that date of attestation form filling which takes place after selection in upsc till that date I was having no fir registered under section 498a against me.but after one week false case registered. During police verification will the police give report on the basis of attestation form upto that date or can be any later date also. As I have not concealed anything upto that date I was not having any charges against me. Moreover sir I have already filed for quashing of fir in highcourt as well. And the fir investigation has been stayed by high court as well and asked the police for diary record.

Querist : Anonymous (Querist) 20 October 2023
After the stay order from high court can police issue me chargesheet. As police was saying me after the stay order from highcourt, that he will issue me chargesheet, but is it possible. Because as per my knowledge if high court stay order issued then no chargesheet can be issued by police. If chargesheet not issued then case will not be moved to district court. So how long will it take for quashing in high court as court has already gave stay order as fir was false and we have evidence to defend.

Querist : Anonymous (Querist) 20 October 2023
And if police gives antecedent report as case pending then can I question in court as in future date fir was registered which was not in my knowledge while doing the post selection documentation filling. As at that time no fir was registered. If I get the joining letter as well and at later verification police report is received where later date pendency is there. Then what the ministry can do will they suspend me or terminate me for 498a.case pendency

T. Kalaiselvan, Advocate (Expert) 20 October 2023
The stay order by high court is not permanent, it is temporary and it will stand vacated once the case is disposed by high court

Sudhir Kumar, Advocate (Expert) 22 October 2023
again you fail to understand

at the time of filling of attestation form there was no FIR so you reported correctly that there is no FIR

but

at the time of signing of report police is aware that today there is FIR and they are bound to report truth.

Dr. J C Vashista (Expert) 23 October 2023
What are the allegations and provisions of IPC has been invoked by police in FIR is required to be perused before forming an opinion.
By the way you have stated to have filed a petition for quashing the FIR wherein you have been granted stay by High Court through an able, competent and intelligent lawyer, what is his / her opinion and advise, who is well aware about facts and circumstances of the FIR/ case, did you consult your lawyer ? Do you have faith in your lawyer ?

Querist : Anonymous (Querist) 23 October 2023
@Vashista
Yes I have consult the lawyer. He told me that once it is stay in highcourt. Police cannot harass u moreover police need to submit diary report in one month time. And after the hearing will take place.

T. Kalaiselvan, Advocate (Expert) 23 October 2023
You have stated that the FIR was registered against you after you have submitted the application for this employment.
hence as per the information furnished in your application regarding pending criminal cases,, you have not suppressed the information that was available at that time, therefore you cannot be deemed to have done any crime by not informing the department about the pending criminal case because as a matter of fact there was no criminal case pending as on the date of submission of the application for this post.
Therefore you just do not be worried about the subsequent developments, you can challenge the same on merits when a situation arises.

P. Venu (Expert) 30 October 2023
The mere registration of the FIR does not mean that there is a case pending against you.

The real question is - has the competent court taken cognizance of the final police report and you have been summoned to stand trial. If not, there is no case pending against you even at present.

Anyhow, the registration of the FIR has taken place after the submission of the Attestation form. As such, you are not at fault in suppressing any information, as sought.

Now that you have joined the service, any further action could be only in terms of the provisions of the relevant service regulations viz. CCS(Conduct) Rules and CCS(CCA) Rules.

P. Venu (Expert) 30 October 2023
What is the FIR Number? Which Police Station?

Sudhir Kumar, Advocate (Expert) 25 November 2023
Police is bound to report the truth even if the FIR is stayed.

P. Venu (Expert) 25 November 2023
Police may report anything, but it is for the appointment authority to take judicious decision. And having been selected, the employee has an opportunity to show cause before any action of adverse civil action is taken.

T. Kalaiselvan, Advocate (Expert) 25 November 2023
This is a matter of post selection to the post after the recruiting process is completed.
Hence you may wait for the verification of character and antecedents report by the police after which you can take considered action, before that don't get perplexed over an imaginary situation that may or may not arise at a later stage