krantiveer (Advocate) 07 August 2010
Some institutions wether govt or private, before hiring a employee demand an affidavit which declares whether there are any criminal cases pending against the candidate. What is the rule, does it mean cases pending or does it mean whether he is convicted in criminal matters or not. What if there is a private criminal complaint which is not decided and which is not on police complaint. Is the candidate not eligible then.
S. Bharath (Advocate and Arbitrator Formerly Civil Judge) 07 August 2010
Generally the conduct rules applicable to government servants take exception to servants convicted of offences involving moral turpitude. Neither the pendency of cases nor offences not involving moral turpitude carry great significance. Pendency of a case [whether private complaint or police case] may not be a bar but it may weigh in the selection process.
JAGDISH LAL (Practising Advocate) 08 August 2010
There is no rule of law in this regard. But the concerned company or department demand an affidavit to know about the candidate. Yes, pendency of the case whether a private complaint or police case comes within the purview of such affidavits.
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