Vivek H Bedarker (A) 19 December 2016

Can a bailed out person apply for govt job

Respected Advocates, I am posting this querry on behalf of my cousin. He was involved in some roadside fight with his neighbour. The neighbour lodged complaint and he was arrested for assault. However is is out on bail. Sir, I dont know whether he will be declared guilty or not and it may take time for final judgement etc But Sir he had cleared state engineering service exam in the meanwhile. Querry is that whether such undertrial can be given appointment pending final judgement. He is aaccused but not convicted yet but out on bail. Also he is trying to tell neighbour for settlement because fight was on spur of moment due to offensive language being allegedly used by neighbour. I want to guide him so that he knows the correct picture Regards Vivek

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Vivek H Bedarker (A) 19 December 2016

Sir small correctiin in subject: I meant can a bailed out person get govt job pending final verdict in court of law

Vivek H Bedarker (A) 19 December 2016

Sir small correctiin in subject: I meant can a bailed out person get govt job pending final verdict in court of law

Vivek H Bedarker (A) 19 December 2016

Because sir/madam, as per my understanding (I am myself in PSU): One has to get police clearance. In this case police can only say that some criminal case is on. Also employee is not suspended if bailed out in 24 hrs. But may be dismissed if convicted. Now issue is that if he is dismissed if convicted, then it is obvious. But pending verdict and police report(in which he will obviously be declared bailed out undertrial), can he be considered for govt employment? Regards

Kumar Doab (FIN) 19 December 2016

Get cleared/acquitted of charges, ASAP.

A very able and senior counsel at your location can help you.

Don't conceal anything in any form/affidavit.

Vivek H Bedarker (A) 19 December 2016

Also sir पुलिस को character रिकॉर्ड पता करने का क्या सिस्टम है? जब कोई केस बनता है तब क्या उसकी कोई डिजिटल एंट्री होती है (With some ID etc for record) जिससे पता चले? यह मैं कोई loophole के लिए नही लेकिन commonsense और GK के हिसाब से पूछ रहा हु। क्योंकि जब मेरा भी पुलिस verification हुआ था 15 साल पहले joining के 3 महीने बाद तब मुझे सिर्फ पुलिस स्टेशन में खुद हाज़िर रहने के लिए बुलाया था और हस्ताक्षर लिए थे। मुझे नही पता उन लोगो ने क्या और कैसे निरीक्षण किया था।

Vivek H Bedarker (A) 19 December 2016

Yes sir. He is trying to get acquitted by convincing his neighbour. Also neighbour waa not attacked by any deadly weapon etc but injured in unfortunate and stupid street fight over verbal abuse etc. Thanks for guidance. I too have told him same thing that he should come clear as fast as possible. He should not attempt to delay proceeding but instead ask for fast dates to at least establish that he wants to clear his name. Thanks sir.

Ms.Usha Kapoor (CEO) 20 December 2016

Get into SETTLEMENT WITH YOUR NEIGHBOUR AS EARLY AS POSSIBOLE AND GET THE CHARGE SHEET fir ETC QUASHED AS EARLY AS POSSIBLE. TILL YOU COME CLEAR ON THESE CASES YOU tHREECAN'T APPLY OR JOIN AGOVERNMENT JOB.

Three WAYS YOU CAN COME CLEAN SETTLEMENT/QUASHING OF CHARGESHEET/ACQUITTAL. ANY ONE OF THESE THINGS HAPPEN YOU ARE GIVEN A CLEAN CHIT OUT OF THE CRIMINALCASE AGAINST YOU YOU CAN'T APPLY OR JOIN A GOVERNMETN JOB. IN THIS CRIMINAL CASE.SO LONG IT IS PENDING IN A COURT.

Kumar Doab (FIN) 20 December 2016

A very able and senior counsel at your location can help you.

Don't get involved with streetfights and police cases.

P. Venu (Advocate) 20 December 2016

What are the charges involved?

Sudhir Kumar, Advocate (Advocate) 20 December 2016

Not eligible to join

jyotirmaya behera (advocate) 21 December 2016

At the time of applied for ESE, he might indicate regarding of any criminal case?

When you come to know about this case?

When you applied for ESE?

In case he get job, before receiving appointment letter, the govt. may verify the same. This type of verification happening in judicial service.

Jyotirmaya Prasad Behera

Advocate, Orissa High Court

9861819294

Kumar Doab (FIN) 21 December 2016

Pls respond to the points raised by Mr. P.Venu.

Sudhir Kumar, Advocate (Advocate) 23 December 2016

As long as criminal case is pending he should forget about joining any govt/PSU job.

He has to beg for mercy of the complainant or else keep fighting in Courts/High Court to get acquittal or quashing of charge and become overage by then.

Sudhir Kumar, Advocate (Advocate) 23 December 2016

Originally posted by : Vivek H Bedarker
	Because sir/madam, as per my understanding (I am myself in PSU): One has to get police clearance. In this case police can only say that some criminal case is on. Also employee is not suspended if bailed out in 24 hrs. But may be dismissed if convicted. Now issue is that if he is dismissed if convicted, then it is obvious. But pending verdict and police report(in which he will obviously be declared bailed out undertrial), can he be considered for govt employment? Regards

Howsoever best you may try to confuse yourself. The matter of fact is that :-

He is not in service so the question of suspension is not there.
He will not be in service till case is closed.

You know that "In this case police can only say that some criminal case is on." what more do you think isneeded for ruining his chances of joining (even thugh selected)