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Malyala Vinod Kumar   01 December 2017

Urgent Information Required

Good Afternoon Sir, This is Vinod Kumar resident of Hyderabad, i hav been accussed as A5 in a case U/S 353, 506, 342 etc , we are batch of 32 members working in a defence organisation in the Payrolls of different contractors without any break , recently we have asked to increase our salaries to our HR in that process he has lodged a complaint in police station on 30.05.2017 on us along with some of our union leaders showing the reason as assaulting, presently the case is in court, now my point is as am from very poor back grounded family am very enthusiastic in getting a govt job, now my tension is whether am eligible for applying govt jobs or not, on consulting some others i have got the information that discharge petition can be filed to get acquitted from that case, plz suggest me how can I go forward to get rid of this case or file a discharge petition to enable me to apply for any govt job as am very poor backgrounded candidate, plz provide me information


Learning

 10 Replies

N.K.Assumi (Advocate)     01 December 2017

You cannot get rid of the case . But our legal systems is based on the principles that accused is persumed to be innocent, so don't worry and apply for job if eligible to any post.

manoj   01 December 2017

you can file discharge petition before trail court under Criminal Procedure Code. when criminal case is pending before Court, a very little difficult for getting job, better immediately you file discharge petition before court you can be discharged when there is no prima facie case agianst you . if you want i will provide supreme court ruling in this type of case .

manoj

advocate

8686159292

Malyala Vinod Kumar   01 December 2017

Thank u for your replies sir.

Malyala Vinod Kumar   01 December 2017

Thank u for your replies sir.

Malyala Vinod Kumar   01 December 2017

Dear Manoj Sir, Thank u very much for your reply, pls tell me, if I file a discharge petition in which court I should file the discharge petition, and in way it will help me, and plz provide me supreme court ruling in this type of case ASAP

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     01 December 2017

Discharge petition to be filed in criminal courts that where your case is hearing

Malyala Vinod Kumar   01 December 2017

Sir, Discharge petition can give me relief from the case and how much time it will take?

N.K.Assumi (Advocate)     02 December 2017

Discharge petition can be filed in the court trying your case at the time of framing of charge.But unless the facts of the case is given no one can predict that you will be discharge.Remember even serving govt servants can be promoted pending criminal case.Ofcourse the employer may doubt your untegrity but if you are really innocent why worry in applying for Job.All the best.

Malyala Vinod Kumar   02 December 2017

Sir NK Assumi, Thank u very much for your reply, 'DISCHARGE PETITION CAN BE FILED IN THE COURT TRYING YOUR CASE AT THE TIME OF FRAMING OF CHARGE' meaning Plz...... ,Our union is affiliated to CITU as well as our regular staff union to, the rep of that organization has already some issues with our outside CITU leaders in case of regular staff of that organization , recently it was our case at labour commissioner, he planned to file a case on the CITU leaders and kept us in loop , but it is a false allegation for sure. Now in present case am only the person who is having age for applying govt jobs, and am from a weak back ground that's y am worrying that this will effect me in case of govt job. Other than DISCHARGE PETITION how can I defend my self against concerned authorities in any selection procedure of govt job?

N.K.Assumi (Advocate)     02 December 2017

Discharge in trying the case means like First Class Judicial Magistrate or Session Court etc known as Criminal Court not your Labour Court or Commissioner. Narrate the facts of the case to the selection commitee and be honest in your submission, I am sure they will consider it. Your bird eye narration of facts shows that simply demnading higher salaries without anything more can not be a criminal, if assault is false allegations. At the most it is Industrial dispute as collective bargain, and not a Criminal case, and if it is criminal case under IPC Labour Commissioner is not the proper fora.


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