Serious case study to govt. employment

 pendancy of criminal case may hamper his acceptanc of his resignation.

even if he is able to join the pendancy of case may hamper completion of probation in Bank and he should resign only if he is permanent and can hold lien.

Mr Rocky Smith quoted

"It cannot be lost sight of that ultimate objective of every legal system is to arrive at truth, punish the guilty and protect the innocent. There is no scope for any pre-conceived notion or view."

It will he the happiest day if this happens in evry case.

The department rarely takes cognizance of private complaints unless detention is brought to notice. In otherwords,the official machinery would be paralysed due to pouring in of complaints based on jealous and motives.Expert Sudhir has rightly opined.Why you hesitate to let known your identity.

It is not clear whether registering of FIR against the husband will effect the job career.  If yes, in what way it will effect.  There are two views.  Somebody says as soon as FIR is registered, the employee will be suspended and some other says only on conviction he will be suspended.  Can anybody explain what is the actual legal position on this aspect.  

Mr Ravinder P expressede

"as soon as FIR is registered, the employee will be suspended and some other says only on conviction he will be suspended. "

I do not agree.  Deemed suspension is a result of 48 hours of custody.

In case the charges are serious department doe snot even need to wait for FIR before suspension leave aside custody.

Mr Gabriel said

"department rarely takes cognizance of private complaints" I am sorry. Department does take congnizance of even private complaint addressed to department if it has a substance.  Most of the disciplinary action against Govt servants on matrimonial misconduct are on private complaint by wife or in-laws.

In this case the matter is of criminal nature. Court has taken cognizance that is the reason he is on bail. WHich authroity can write on his resignation file that "no disciplinary or criminal case is pending"

To Sudhir kumar sir,

What is the position if FIR has been registered and the accused got anticipatory bail and there is no custody at all.  

A mere pendency of criminal case against the candidate will not render him lose his employment opportunities.  He has been arrayed as an accused in a false case foisted by the police based on some false complaint. Why I am insisting of the false is that until the case is not disposed and the accused is convicted, he will be treated as innocent, therefore as far as his employment opportunity at present, he is innocent, let him make a mention about his pending criminal case and the stage too, but he cannot be deprived of his privilege to get an employment outside defence which is the only source for his resettlement.

@ Mr P Ravinder

I repeat

WHich authroity can write on his resignation file that "no disciplinary or criminal case is pending"

I agree with views of Mr Kailaiselvan

"until the case is not disposed and the accused is convicted, he will be treated as innocent"

it is unfortunate the in service matter reverse happens.  One is presumed guilty till proved innosent. 

Matter of fact is that bail or no bail, true or false, criminal case is pending against him.

Respected Experts/ members

1.    Many thanks to you all for valuable guidance but frankly speaking I am bit confused and puzzled after going through all replies.

2.    The basic opinions varying from different members.

(a)  Some says I can get re-employment in Bank without any problem

(b)  And some says I may face extremely hardship in new employment as Nationalised bank will not change my PROBATION status into Permanent status in Bank Employment till case is pending at Court.  Vigilance clearance is subject to Police Verification Report .So as a legal lay-man I am   confused and worried.

3.    The burning question is “Should I go for re-employment in Bank for resettlement in my life (as many Defense Person do resettlement into civil job , because in defence job is not guaranteed up to the age of  56 or so like civil job). Or I should continue my Armed Force Job till I acquitted from Court (Playing safe for time being).

4.    The problem is court process will take around 5 – 7 Yrs. Now I am 38 and by the time my age will also increase and getting a Govt. Job will be a distance dream for me ( due to age factor)  at that time due to over-age.

5.    I just want to know --- what are the written SOP / Acts   for handling such issues in Govt. undertaking financial institution for the purpose of Employment.

6.    If bank refuse to give permanent status after Probation Period due to pending status of 498 (A), Then how my fundamental rights are safe guarded ?

7.    Based on your guidance I am going to take one of the most challenging decisions in my life. This decision is going to affect remain part of my life.       Please help me.

half facts lead to half  advise.

It is now you have hinted (not clear) that you are not a civilian.

So the concept of lien does not apply on you.

being accused in criminal case you may not get promoted beyond present rank.

you have so far not contacted bank (offering job to you)  for advise.

ALL respected Members

1.        i am back to forum with further query regarding Bank Employment during 498A trial period.

2.        i made  some communication with bank head office  HR department as well as Law AGM  of concern bank for their advice in this regard

3.         HR department could not give any clear cut information in this regard ( means future of Probation period- getting permanent after Probation)-   . HR  ask me to talk to AGM Law.

4.          i spoke extensively with AGM LAW. he said to me  -' you join , submit your FIR, we will take final decision,---- nothing can be told at this point of time"    AGM also advice me to communicate with wife and quickly reached to a amicable solution.

5.         now i am highly confused. the comment by AGM was very confusing as he has not clarified this matter as either  YES or NO. HE may have told correct  but i am in big dilemma as it is a catch 22 situation for me. 

6.         if i leave ( take discharge/ resign)  a Govt. job for new Bank job and could not complete probation due to non compliance of CLEAR police verification --- and if bank show me the DOOR,  MY condition will be " NA GHAR KA ... NA  GHAT KA "

7.         HOWEVER  shifting job is very much required for my re-settlement...

8.          experts please guide me. 

AGM is right amicable solution is the only saviour of you.