police verification
rahul s
(Querist) 21 June 2017
This query is : Resolved
Sir I have been provisionally selected for bank clerk, but I am sceptical about my joining as there was a clause during registration that
whether any prosecution/detention/fine/conviction/sentence against you has been awarded by any court of law for any offence ?
I mentioned No
But in 2011 there was a fight occurred between my father and my neighbour in which we filed a case against them as they hurt my father very badly but they filed a fake counter case against us and we were granted bail immediately by police however they were taken into custody for 14 days,
after 3 years we managed the case outside the court as other party accused was a govt job employee but from our side one of the accused (my uncle) did not manage the case due to his personal enmity but he was not the main accused,
Also I was only 16 years old at that time.
Therefore sir I am sceptical that will this circumstance will affect my job. ? What should i have to do ? Please reply sir
I would be very thankful for this
Kumar Doab
(Expert) 22 June 2017
Obtain copy of complaint or all FIR(s) whatever it is and paper(s) signed by you from police even if under RTI and keep these safely.
Don’t conceal anything in employment application/affidavit that you sign.
Kumar Doab
(Expert) 22 June 2017
If you have not then it is good.
Show all case papers to your very able local senior counsel specializing in service matters, for a considered opinion.
rahul s
(Querist) 22 June 2017
Thank you for your valuable reply ,
Sir in application form i did not mention about this incident as i thought that the case has been compromised but the case still open bcoz of one of the the accused refused to compromise.
Today i asked my lawyer about the status of the case ,
He told me that the case is still open but you would not be affected during police verification.
When i queried about how would it be possible police would not affect my joining, he replied i assure you that nothing would happen as the main accused from other party and the main accused from your side has managed the case.
Sir I am very sceptical and worried , plz show me the way
Kumar Doab
(Expert) 22 June 2017
Trust your lawyer.
Or obtain 2nd opinion from LOCAL very able senior counsel of unshakable repute and integrity specializing in service matters, for a considered opinion.
Labor/service matters is altogether different field of law and in each city there are few counsels that specialize in it.
They are very well known and usually such matters are referred to them by any lawyer worth his/her salt.
Lawyers practicing in civil and other matters do not meddle in service matters.
Rajendra K Goyal
(Expert) 22 June 2017
What is the position of case now?
Whether any punishment was awarded?
have you taken the defense of being minor during proceedings?
If no punishment awarded against you / if you were acquitted, you can join.
However, at any time Bank may initiate disciplinary proceedings against you for suppressing material facts while applying for the job.
rahul s
(Querist) 22 June 2017
No sir no any punishment has been awarded but case is in open mode.
I am in a state of confusion that compromise was initiated in 2014, I also signed the compromised petition, I thought the case is over as the main accused from both sides compromised it outside the court. That's why I mentioned NO in my application form
But today lawyer told me as one of the accused from your side has initiated the case so case is in open mode and hearing is going on...
But it would not affect your job as you all will be acquitted
Also one thing I want to mention that the main accused from other party is still doing his govt job after being under the custody for more than 48 hrs
Sir what are the options left with me ?
Kumar Doab
(Expert) 22 June 2017
A very able senior counsel of unshakable repute and integrity specializing in service matters can handle your matter to your satisfaction.
Approach with copies of all docs on record.
Rajendra K Goyal
(Expert) 23 June 2017
Full case file need to be referred, discuss with your lawyer.
Kumar Doab
(Expert) 24 June 2017
Same Query;
http://www.lawyersclubindia.com/experts/compromise-of-a-criminal-case-645226.asp
Kumar Doab
(Expert) 11 October 2017
Also at:
http://www.lawyersclubindia.com/experts/police-verification-658566.asp
