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Yogender   09 June 2017

Police verification for govt. job

Hello,

I get selected for govt. job but my ex-wife has filed 498A and Domestic violence case against me and police has mentioned this in my police verification report. My wife has already lodged a false complaint against me in local police station containing the allegations of beating and threatning. Police have not taken any action against her complain as i have told each and everything about me. Now if i have to get verified again will there be any problem in my joining?

 



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 26 Replies

Kumar Doab (FIN)     09 June 2017

Have you mentioned all of these in employment aqpplication, affidavit if any, tendered by you! 

Yogender   09 June 2017

No. There was no column regarding this information but during the submission of documents after my result there was a column in detailed form with the title "Have you ever been convicted for any criminal offence". I mentioned No in that column because i am not convicted till date. Case is pending still and i have appealed in the upper court against charges.

Sudhir Kumar, Advocate (Advocate)     10 June 2017

Someone will advise you that nothing to worry.

 

Anyway, there is  aneed to worry.  One will nto be allowed to join as long as a crimial caee is pending.

Yogender   10 June 2017

But these are not serious crime and it is still not proved that i am involve in that criminal actiity. Apart from all, in the department's police verification form, they asked about conviction in a criminal case not about allegation of criminal activity. Allegation can be done by anyone against anotherone easily.

NANDKUMAR B SAWANT (ADVOCATE./LAWYER)     10 June 2017

Sir you may file awrit petition at high court for quashing said false cases and also mention all your grivences and how it is adversely affecting your govt job.also seek interim stay to said false cases. You may get inteim order from.hc .it will be in your support.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     10 June 2017

It all depends on the Officer at the Government Office who is to decide on your case. If Sudhir Kumar was the Officer you are doomed. But if I were there you have nothing to worry. If, in due course after joining, you were convicted, you can have problem

Sudhir Kumar, Advocate (Advocate)     10 June 2017

As long as criminal case is pending  then offer of appointment will not be issued unless the issuing authroity has found of alternative job.

 

The commnets of Dr Ramani are sacastic and personal.

Sudhir Kumar, Advocate (Advocate)     10 June 2017

498A is a serious crime for Govt servant.  You are not yet in service but if the department decides to take departmental action against a serving permanent employee, accused of such charges, without waiting for court order, thennothing stopes them.

 

In you  case one silver lining appears (atleast from the facts disclosed so far) that no FIR is yet registered and the attestation form if landing in thana may be able to write "no case pending".

 

However if a case is registered and you have joined it will still be a hinderance in your confirmation.

 

So you have to worry and take coucious steps.

Sudhir Kumar, Advocate (Advocate)     10 June 2017

Someone will also tell you that one is presumed innosent unless convicted.

 

I wish ifit coudl really happen in service jurisprudence.  In practice it is 180 away.  One has to be presumed guilty in matters of appointment/ confirmation/ probation / retirement benefits etc, unless exhonerated.  This is the cold and harsh readlity.

Yogender   10 June 2017

Thanks a lot to you all for your valuable suggestions. As Mr. Nandkumar suggested to go to the high court for quashing the false cases I am planning to do this. I also thankful to Mr. Sudhir Kumar and Dr. MPS Ramani for their precious advice. With the help of these advices i am feeling releaved. 

Kumar Doab (FIN)     10 June 2017

If you have posted truthful reply to the meaning ad essence of questions in questionare supplied to you, then it should mean that you have not faulted.

Kumar Doab (FIN)     10 June 2017

The stances taken to address the query are always helpful and of consequence.

Many of the assumptions posted in the thread are of No consequence.

 

Kumar Doab (FIN)     10 June 2017

There are many threads on similar query that you can search in SEARCH option:

e.g;

https://www.lawyersclubindia.com/experts/Road-accident-case-can-affect-my-job--565526.asp

 

 

 

Kumar Doab (FIN)     10 June 2017

One Extract is:

 

1. The aspirant for post must satisfy eligibility criteria on date of application.........................




2. Government cannot cancel appointment of candidate on the ground that ..................... a criminal case is pending





Central Administrative Tribunal – Lucknow



Vineet Kumar Aged About 32 Years … vs Union Of India Through Secretary, … on 12 September, 2012

Original Application No. 331/2011
This the 12th day of September, 2012



https://indiankanoon.org/doc/116602584/?type=print


In column No.12 of the Attestation form, he has furnished information as under:- a) Have you ever been arrested? Yes
b) Have you ever been prosecuted? No
c) Have you ever been kept under detention? No
d) Have you ever been bound down? No
e) Have you ever been fined by a court of law? No
f) Have you ever been convicted by a court
of law for any offence No
g) Have you ever been debarred from any
Examination or rusticated by any University
or any other educational authority/
institution? No
h) Have you ever been debarred/disqualified
by any Public Service Commission/ Staff
Selection Commission for any of their
Examination/ selection? No
i) Is any case pending against you in any
Court of law at the time of filing up this
Attestation Form? Yes


It is also not disputed that the applicant furnished correct information in column No.12. The relevant sub columns are (a) and (i) : a) Have you ever been arrested? Yes
i) Is any case pending against you
in any Court of law at the time of filling
up this Attestation form? Yes



In the follow up action, the opposite parties are directed to appoint the applicant on the post in question in pursuance of his selection, expeditiously.





3. The querist should consult an able counsel ASAP and file all papers so as to build an irrefutable record and as well to be clear of the case.




This thread provides exhaustive discussion on imp. matter that troubles and give zitters to many citizens.




Hope the querist can read between the lines.

 


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