Sivasubramanian 05 April 2025

Compassionate appointment

Will I get compassionate appointment if FIR Registered in past under 35(i) bnss. And the FIR status was referred further action dropped. Please someone help me.

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4 Replies

kavksatyanarayana (subregistrar/supdt.(retired)) 05 April 2025

It will not affect as the action was dropped.

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T. Kalaiselvan, Advocate (Advocate) 05 April 2025

The FIR was closed after action drop was allowed by court hence there's no case against you.

Thus it may not hinder your posting on compassionate grounds.

Dr. J C Vashista (Advocate ) 06 April 2025

Compassionate appointment and action on FIR U/S 35 BNSS are two different subjects, as the dependent LR of deceased employee is eligible to be considered for a vacant job in the organisation;

whereas, Section 35 (1)9b) (i) BNSS, 2023 provides:

35. When police may arrest without warrant.

(1)Any police officer may without an order from a Magistrate and without a warrant, arrest any person-

(a) who commits, in the presence of a police officer, a cognizable offence;

(b) against whom a reasonable complaint has been made, or credible information has been received, or a reasonable suspicion exists that he has committed a cognizable offence punishable with imprisonment for a term which may be less than seven years or which may extend to seven years whether with or without fine, if the following conditions are satisfied, namely:-

(i) the police officer has reason to believe on the basis of such complaint, information, or suspicion that such person has committed the said offence;

(ii) XXXXXXX

[Similar to Section 41 and 41A from Old CrPC]

The facts posted are vague and not clear as to what is the real issue.