Regarding recruitment in government jobs
brij lal
(Querist) 12 October 2013
This query is : Resolved
sir, if a person is charge sheeted in a case (though he is sure of acquittal) but he clear the competitive exam, does his being charge sheet in a court of law,disqualify him from getting the job.
their is no particular specification in the advertisement, but in the declaration it is mentioned that the candidate should not have any charge sheet pending.
if the person is rejected on this ground can he contest this in a court of law.
brij lal
(Querist) 12 October 2013
sir , please tell if rejected on this ground can the decision of the recruiting authority be challenge in a court of law
Devajyoti Barman
(Expert) 12 October 2013
Yes, his candidature may be rejected at the discretion of the appointing authority.
Rajendra K Goyal
(Expert) 12 October 2013
declaration clarify the position. Candidature may be cancelled.
Sudhir Kumar, Advocate
(Expert) 12 October 2013
I need permission to disagree with Mr Makkar.
The advertisement is not so relevant. Every Govt job is offered based on the conditions of service as per rules laid down as per provision to Art 309 and interpretation by the DOPT and other nodal agencies.
Entire terms and conditions of service are so elaborate that if written in the advertisement many candidates will cross retirement age before they can understand all.
Sudhir Kumar, Advocate
(Expert) 12 October 2013
the candidate has a criminal case pending and that itself is sufficient to cancel the candidature unless the case is closed before decision of cancellation is taken.
There is no ground to challange.
brij lal
(Querist) 12 October 2013
sir , a person unless proven guilty is considered innocent , than how can merely been charged in a false case can prevent him to join civil services or government jobs. there are few examples where such as that of kashmir valley, where two person who where falsely implicated on charges of terrorism cleared the state civil services.
Rajendra K Goyal
(Expert) 13 October 2013
In your case clear declaration is sought about the pending chargesheet.
Kolla V. Raman
(Expert) 13 October 2013
You immediately file Petition under Section 482 Cr.P.C. quash charge sheet and get an interim order of stay of proceedings and see that case is decided immediately. If you are acquitted you will be eligible for employment. During criminal case is pending you may not get appointment employment.
brij lal
(Querist) 14 October 2013
thanks to all respected experts for their kind replies. special thanks to Raman sir.Raman sir, can the petition under section cr.p.c 482 be filed at the court where the case is pending or it has to be filed at higher court.
Devajyoti Barman
(Expert) 15 October 2013
It has to be filed in the high court where the case is pending.
Raj Kumar Makkad
(Expert) 16 October 2013
I disagree with Sudhir on the ground that the charge-sheet is still pending and the case has not been proved against the applicant. If the candidate duly mentions the pendancy of the case then his candidature can be entertained by authority.
Quashing petition is to be filed before high court.
brij lal
(Querist) 17 October 2013
sir, if the proceeding of the case is going on from 2009 in the lower district court, then it is possible that after 3 years of proceeding, to file an petition under Cr.P.C 482 to quash the charge sheet.
what is the way to get acquitted (as the accused is sure of winning the case) as soon as possible, so that the candidate may not have any problem to get government jobs in the coming years.
Devajyoti Barman
(Expert) 17 October 2013
Quashing can be filed at any stage but preferably before initiation of trial and after submission of charge sheet.
Rajendra K Goyal
(Expert) 23 October 2013
Agree with the expert Devajyoti Barman ji.
Sudhir Kumar, Advocate
(Expert) 23 October 2013
for each and every Govt service there is need to fill a four paged proforma wherein one has to mention all the addresses (including area THANA) where he resided in last five years and one questionable whether he has to tick ye/no. This questionnaire includes the status of pending or closed acquittal/conviction in criminal cases.
Sudhir Kumar, Advocate
(Expert) 11 September 2014
repeated
http://www.lawyersclubindia.com/forum/details.asp?mod_id=108847&offset=1#.VBGko6OO5G0
Raj Kumar Makkad
(Expert) 11 September 2014
As the query is repeated, no more reply is to be given.
Raj Kumar Makkad
(Expert) 12 September 2014
As the same was revived by Sudhir hence I had no other option but to respond it.
