• Can I appear in central or state governments exam after IPC 420

I have been lodged under IPC sections 419, 420, 471 in Agra Session Court. The case was filed in May 2012 and i was arrested and got bail from High Court in June 2012.At that time I was 18 yr of age.

Since then no intimation(summons) has been received and I completed my graduation and employed in a private organization.
Now I have started preparation for central and state govt exams and have constantly facing this dilemma and agony that am I eligible for govt job or not.

Some more points: 
1) I had applied for passport in 2015 in which I had mentioned all the details about my case. Yet in the police verification, nothing happened and I got my passport under normal conditions and it is valid for 10 years.

My questions:
1) Am I eligible for central and state govt jobs( like UPSC or RBI ).
2) Should I mention in the application forms of these exams regarding the case against me.
3) In case I mention the case details in my application forms, can the concerned authority reject my candidature solely on the basis of my police case.
3) Should I start the proceedings for the case by myself or should I keep waiting for the summons.
Asked 7 years ago in Criminal Law
Religion: Hindu

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10 Answers

1. It is not clear from your query about the current status of the 420 IPC case and what was your role in it? If you were accused person named in the FIR then you are likely to be ineligible for the job.

2.Yes , you must mention all the details.

3. It will depend on the nature of the case as I mentioned in point no.1.

4. Better take information from court to know the present status and then take a call. Do note that the trial of the case of not started as yet will take years to complete.

Devajyoti Barman
Advocate, Kolkata
22815 Answers
488 Consultations

5.0 on 5.0

You should not suppress facts about pending case in your application form

2) if you suppress facts and are selected you would be dismissed from service in case authorities comes to know about your pending case

3) you are eligible to join govt service

4) you have to contest the criminal case on merits .

Ajay Sethi
Advocate, Mumbai
94689 Answers
7526 Consultations

5.0 on 5.0

The pendency of the criminal case is no bar to applying for govt jobs but the rejection or approval of candidature depends on the government. You are bound to furnish true and complete details with regard to the pendency of the case. If the candidature is rejected then you may challenge the decision in the High Court.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

Pendency of any criminal case is no bar to any government job. Conviction is criteria. 1 Yes you are eligible for Central and State Government Jobs. 2. in exams applications there will necessity that whether you convicted or not - You can say NO. 3. NO your application cannot be rejected because of a case is pending against you. But if you convicted they case remove you from the services/ job. 4. After issuance of summons only the proceedings in case will be start. You have to wait for summons from the Honorable Court, but, in meanwhile you have to verify whether the summons are issued or not, because some times summons may not reach you because of postal and police oversight. You don't thing about case and proceed with your job preparation. Pursue case properly and there are lot of chances of getting acquitted from the case.

Lakshmi Kanth
Advocate, Hyderabad
446 Answers
15 Consultations

4.7 on 5.0

Hi

Since you are NOT Convicted in the criminal case filed against you, you are eligible to apply for central and state government jobs.

It is almost 4 years since the case has been filed against you and it is also likely that you will be acquitted by the courts on the grounds that you were 18 years of age at the time of reporting of offence.

Also given that you have been issued passport, in all likelihood the police must have also closed the case against you at the stage of charge sheet itself (as it is pertaining to property related offences) and in all likelihood it is a totally false case foisted on you.

So in my view, if you declare these cases in your job application, chances are you might not be even called for interview even though you might have a bright academic record.

So better not to disclose these cases in your job application and if the issue crops at a later stage you can always resort to the grounds that cases were foisted on you when you were 18 years old and that too in the year 2012 and high court has granted you bail and no charge sheet or conviction has happened as of date.

So no worries.

Rajgopalan Sripathi
Advocate, Hyderabad
2173 Answers
394 Consultations

5.0 on 5.0

1) Am I eligible for central and state govt jobs( like UPSC or RBI ).

2) Should I mention in the application forms of these exams regarding the case against me.

you are eligible for any government job but you have to disclose particulars of the case. law presumes every accused as innocent unless he is convicted. your case is still pending and it think you was juvenile at the commencement of offence.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

4.9 on 5.0

3) Should I start the proceedings for the case by myself or should I keep waiting for the summons.

you should try to settle this case before the court. make all the witness stand hostile in trial. in case you found guilty after the trial you should take plea under section 360 for condonation of sentence. court has discretion to exonerate you from the sentence because you were juvenile at the time of commencement of offence.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

4.9 on 5.0

1. You are eligible for government employment provided you are properly qualified for it as per the requirement. The criminal background shall be verified by the employer at the time of giving an appointment. It ill depend on the report given by the police.

2. You have to mention the same or else you will be held liable for suppression of facts material for the employment.

3. It will depend on the discretion of authority who will analyse the situation based on the seriousness of the offence and the result of the criminal complaint agaisnt you.

4. You can enquire about the status with the police since it cannot be kept pending for such a long time and try to get it disposed so that it does not hamper your future career.

T Kalaiselvan
Advocate, Vellore
84890 Answers
2190 Consultations

5.0 on 5.0

1) no dont make false statement

2)cheating cases take over 10 years to be disposed of . case would still be pending in trial court

3)in your central govt exams disclose pending case against you

Ajay Sethi
Advocate, Mumbai
94689 Answers
7526 Consultations

5.0 on 5.0

1. You have not stated the status n of the case pending before court.

You may claim that this may not pertain to you, but when the details are unearthed then you may be in trouble hence if the employer is seeking any explanation in this regard, you may better inform them the fact of the case to avoid any problem in the future.

2. If the employer could trace the details of the pending case against you in the court, then in future there may be chances for getting clues about this if followed up vigorously.

3. You are the person affected in it hence to come out of this crisis/mess you only have to take an interest to pursue the matter with the police and get the relief.

4. They have their own procedure being followed in this regard.

T Kalaiselvan
Advocate, Vellore
84890 Answers
2190 Consultations

5.0 on 5.0

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