UPSC police verification
srikanth
(Querist) 04 June 2016
This query is : Resolved
I cleared upsc combined medical services written test and applied for interview .i had no criminal. Charges on me at me at the time of interview. Application and filled the attestation form with no option against the coloumn regarding criminal case.before that i had complained to police about a person who slapped me and that person mafe a false complain on me by a girl.fir was registered on him. i just knew that a girl had complained on me in polices station but the police did not inform me or call me to p.s. but they came to library and took my signature and told that v had arrested that person and v just came to inform u.later after i sent the attestation form to upsc i received a court summon regarding the girls complaint on me u/s 354a/ 506.so i had to take bail.then i attended interview and got selected.now if there is again police versification if i mention about this ..will there be any problem?please help me ..i would be greatful to you
Sudhir Kumar, Advocate
(Expert) 04 June 2016
Police verification is always after selection. You are attending interview and not yet selected.
Kumar Doab
(Expert) 05 June 2016
Contest the case on merits and get discharged on merits.
Engage a very able counsel.
srikanth
(Querist) 05 June 2016
@sudhir kumar sir now i m selected .so now should i mention yes for the question have i ever been arrested? please tell me sir i wold be thankful to you
srikanth
(Querist) 05 June 2016
@sudhirkumar sir now i m selected .so now should i mention yes for the question have i ever been arrested? please tell me sir i wold be thankful to you
N R Dash..
(Expert) 06 June 2016
Your query is already answered. You need to state the facts in the form and till there is a criminal case pending, you would not be allowed to join the Govt. job.
srikanth
(Querist) 06 June 2016
One last query sir please ... was i arrested or not by the police?
N R Dash..
(Expert) 06 June 2016
Thread closed. No more answer..
KC AGGARWAL
(Expert) 07 June 2016
Please ask the Police under RTI Act to provide you certified copies of all records and in particular to tell you date, time and place of arrest if any and the way the arrest / detention came to an end - whether on bail or personal bond.
Secondly obtain stay from high court against UPSC and Police not to debar you from joining unless the criminal matter arisisng out of FIR is finally decided.
N R Dash..
(Expert) 07 June 2016
High Court shall not interfere on the protocol.
It would take cognizance, only after the police verification report is submitted and further would rely that report only.
KC AGGARWAL
(Expert) 07 June 2016
Hope everybody agrees that no person gets disqualified unless there is conviction and not merely because there is FIR and investigation. Till then the UPSC and Government can be restrained from denying the job on ground of pending FIR and investigation.
Kumar Doab
(Expert) 07 June 2016
You have posted that:
"One last query sir please ... was i arrested or not by the police?"
What exactly does it mean?
You are asking us or police?
Or you are telling that you were arrested and you should disclose it to recruiter/employer or not?
Don't conceal anything recruiter/employer and contest on merits.
srikanth
(Querist) 07 June 2016
What should i fill for the question- if anytime arrested by the police?
srikanth
(Querist) 07 June 2016
For the question if any trial is pending is obviously yes and i l disclose all the facts but i want to know if i was arrested ...to answer the question if arrested anytime? As the police never called me to ps to give. Any statement and i got direct summon from court
KC AGGARWAL
(Expert) 07 June 2016
I AM GIVING HEREBELOW THE LEGAL DEFINITION OF ARREST WHICH CAN HELP YOU DECIDE. SECTION 46 OF CRPC DEFINES ARREST AS UNDER:-
46. Arrest how made
(1) In making an arrest the police officer or other person making the same shall actually touch or
confine the body of the person to be arrested, unless there be a submission to the custody by
word or action
(2) If such person forcibly resists the endeavour to arrest him, or attempts to evade the arrest,
such police officer or other person may use all means necessary to effect the arrest
(3) Nothing in this section gives a right to cause the death of a person who is not accused of an offence punishable with death or with imprisonment for life
srikanth
(Querist) 07 June 2016
Thank you so much agarwal sir..i needed this desperately...As the definition goes my understanding is i was not arrested and it would be great if u give ur highly valued opinion and i would rely on it.thank u so much sir again.. :-)
Kumar Doab
(Expert) 07 June 2016
Were you arrested or not?
Don't conceal about ongoing court case.
Contest the case on merits and get discharged on merits.
Engage a very able counsel.
Same counsel can opine on all columns in attestation form.
srikanth
(Querist) 07 June 2016
Yes sir ..i would mention about the ongoing court in the coloumn if any court case is going on and i m contesting the case.. I also need your expert opinion about the arrest.. Thank you in advance :-)
Sudhir Kumar, Advocate
(Expert) 08 June 2016
This forum cannot advise to get a benefit by hiding facts.
By now you seem to be well advised
Rajendra K Goyal
(Expert) 08 June 2016
Repeated query:
http://www.lawyersclubindia.com/experts/UPSC-police-verification--602141.asp
http://www.lawyersclubindia.com/experts/UPSC-police-verification--602066.asp
srikanth
(Querist) 08 June 2016
I havent hidden any facts ..by the way thank u for ur generous answers ....
srikanth
(Querist) 08 June 2016
I got direct summon from court ... Never i was called to p.s for that case...that is why i am having doubt.. Sorry if i repeated the query..
srikanth
(Querist) 08 June 2016
Becos i was desperate for an answer and couldnt wait .....
srikanth
(Querist) 08 June 2016
If i knew law i wouldnt have posted here...i need ur help..please Help Me if u can for my queries...i have not hidden anythn...i want a simple answer - yes or no for the coloumn if arrested? And i still dont have the answer yet. ...
Sudhir Kumar, Advocate
(Expert) 09 June 2016
Do you know facts do not change by repeating query.
You cannot dictate a reply on this free advisory forum.
You are not yet appointed as IAS and experts here are not your subordinates or subjects.
You're well advised as per best of knowledge of expert by using their own time /electricity/ net
Your should express gratitude
Never expect this forum advise you how to deceive employer
Kumar Doab
(Expert) 12 June 2016
Again repeated at:
http://www.lawyersclubindia.com/experts/Upsc-case-pending-603091.asp
R.K Nanda
(Expert) 16 June 2016
Repeated query.