• Selection in R.P.S.C. but police not giving me PCC

Sir i am a widow having one son 10 year old.my husband expired in 2011.i had filled form of rpsc teacher grade -ii exam in 2013.in the meanwhile my inlaws had filled F.I.R. under section 419,420 against me in 8/2014.case is under trial.i got selected in rajasthan public service commission grade-ii,teacher exam in 12/2014 and got appointment letter for the same.according to law am i eligible for this.further police is not giving me police charactor certifice {P.C.C}not even by mentioning the case in it pls guide
Asked 3 years ago in Criminal Law from Sangrur, Punjab
The charges levelled against you is of offence involving moral turpitude.
However the same is mere allegation and you are not proved guilty as yet.
The Police is bound to mention this case while giving its report.
It will be then upto the Govt whether to confirm your job or not. The Rules governing this issue varies from state to state.
You have no option but to wait patiently.
Devajyoti Barman
Advocate, Kolkata
12856 Answers
166 Consultations

5.0 on 5.0

1. Were you required to set forth in your application form the details of your criminal antecedents? If yes, did you set forth those details? The appointment letter issued to you can be challenged in and struck down as illegal by the court if it has been issued in spite of your declaration to the effect that you are standing trial in a case.

2. Police is bound to issue the PCC, albeit by making a reference to the pending criminal case against you. If the certificate is withheld you may move to the HC for a mandate to police to issue PCC. However, this is a path you must walk on carefully as the PCC containing a reference to the pending case may be sufficient in ordinary course to deny you the job you have been selected for.

3. If the case registered against you is false you may move the HC for quashing thereof. Once the case is quashed the entire criminal proceedings launched against you will abate.
Ashish Davessar
Advocate, Jaipur
22977 Answers
634 Consultations

5.0 on 5.0

1. Why was the 419 and 420 charged were you arrested or charge sheet filed , are you aware bout the stage of the case now. 
2. An FIR under sec.419, 420 are serious in nature. As 419 is cheating in personation and punishment for this is (Whoever cheats by personation shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.) . Sec.420 is  Cheating and dishonestly inducing delivery of property( Whoever cheats and thereby dishonestly induces the person deceived any property to any person, or to make, alter or destroy the whole or any part of a valuable security, or anything which is signed or sealed, and which is capable of being converted into a valuable security, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine).

3. You should engage an advocate and approach the high court if you are falsely implicated and clear yourself out of it,by getting the F.I.R quashed.As PCC is important any negative report can cost your job. 
4. Get the help of an expert, advocate and proceed .
Thresiamma G. Mathew
Advocate, Mumbai
1515 Answers
134 Consultations

5.0 on 5.0

1) For the police refusing to issue you PCC you can approach the HIGH COURT to give directions to the police to issue PCC to you.
2) Since you are standing trial on a criminal case, whether or not your appointment will be confirmed will wholly depend on the policy the gov't has in place.
3) Alternately you need to wait for the verdict of the case and buy time to join your job.
4) If the case is false you can also make a quash petition on the High Court to quash the FIR filed against you. Do not insist for PCC until your petition is disposed.
S J Mathew
Advocate, Mumbai
2243 Answers
110 Consultations

5.0 on 5.0

The PCC is an important document and the police cannot refuse to give you the one. if they are not giving, it is advisable that you approach the High Court seeking direction for the police to issue the PCC. Further, meanwhile, it is advisable that you file a quashing petition as well in the high court under section 482 Cr.P.C. if the case can be proved to be a false case.
Shaveta Sanghi
Advocate, Panchkula
866 Answers
64 Consultations

5.0 on 5.0

1. There are allegations only against you under the staded sections,

2. Police can not avoid submission of report,

3. Police may make mention of the said allegations levelled against you,

4. Police also may avoid such mention,

5. Negotiate with the local police for favourable report as otherwise, the authority may opt you out.
Krishna Kishore Ganguly
Advocate, Kolkata
18511 Answers
448 Consultations

5.0 on 5.0

if court has taken its cognizance in your case then take copy of order sheet and inquire about status of case. if charges has not been framed then you have liable to get oppointed and police is bound to give certificate. you can give complaint before SSP/DIG/ IG against that police officer for misconduct in performing official duty.
Shivendra Pratap Singh
Advocate, Lucknow
5066 Answers
78 Consultations

4.9 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer