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Ashutosh Gupta   01 October 2021

about compromise

how compromise effect in criminal case on govt job... before joining job and after joining job (during job)


Learning

 5 Replies

Adv. Pravin Rahate   01 October 2021

If a person has been acquitted of all charges by the judge, he may be eligible for govt job.

but Compromise Between Complainant & Accused Does Not Mean That The Criminal Case Would Always End In Acquittal: SC

https://www.livelaw.in/top-stories/prosecution-still-can-prove-the-guilt-in-compromised-criminal-cases-143116

Ashutosh Gupta   01 October 2021

during job how it effect?

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     01 October 2021

during job it effects to dismiss

Ashutosh Gupta   01 October 2021

any judgement pls....

minakshi bindhani   01 October 2021

As per your concerned query!

A person can be suspended from his job or a candidate be rejected for the government job if a criminal case is pending against him and the allegations against the person are serious or offence involves moral turpitude. In such cases, the discretion lies with the employer according to the Supreme Court guidelines.

The employer may hold a departmental inquiry as per the state services authority.

Ajay Kumar Choudhary v Union of India through its Secretary and others

The Supreme Court held that the framing of charges against an accused should be completed within 90 days. The court also held that a government employee cannot keep under suspension for more than three months; if he is not formally informed of the charges framed against him.

Avtar Singh v. Union of India and others

The court also held that if the person has been acquitted of all charges by the court he is entitled to get the job. But the acquittal should be based on merits and not a settlement with the complainant.

Hope it clarifies the issues!
Regards
Minakshi Bindhani

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