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Rishan Av   29 October 2021

Is it possible to get govt job if having criminal pcases

I am from lakshadweep. I am working on contractual basis in lakshadweep sea port. Its a central govt job. Last month a serious offence was charged against me for keeping in possesion of asberjis(whale excretion). I was arrested and remanded for 7 days and got bail. Is there any problem for my job. And whether any problem in future for applying any govt job? 



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 3 Replies

minakshi bindhani   29 October 2021

As per your query concerned!

a person against whom FIR has been lodged cannot be directly removed from a government job or cannot be banned from getting a government job. After the FIR has been lodged, the trial begins in court based on the evidence collected by the police. At the end of a full trial, if the court declares that the person against whom FIR has been lodged is guilty only then he is liable to be removed from a government job or rejected from the Gov. job such discretion lies on the employer.

In the case of Avtar Singh v. Union of India and others, the Supreme Court laid down guidelines regarding the recruitment of a candidate against whom criminal charges are pending.

The Supreme Court held that person against whom there are criminal charges, may or may not be hired for a government job. Discretion lies with the employer. However, the employer must conduct a full background check of the candidate before making a decision. The nature of offences and allegations are also taken into consideration.

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.

A person against whom multiple charges are pending is likely to be rejected.

Hope it is helpful
Regards
Minakshi Bindhani

Anand Bali Adv. (Advocate Solicitor & Consultant)     30 October 2021

I deto the reply of Ms Minakshi Bindani as above.

But not going too long ....I sum up in only two words as "The person is innocent till he is not proven guilty". So as per Maxim only on the basis of the FIR no one can be denied form his occupation/ job. 

P. Venu (Advocate)     31 October 2021

The job being on contract basis, service laws have no application in the instant case. Furhtermore, the offence is not a petty one and it cannot said be said to be without moral turptitude.


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