My wife has filed a Case against me accusing me of 498A. Chargesheet has been prepared. I am selected for UPSC ESE (Railways department). And is about to recieve the joining letter. My query is: 1. When will police verification happen? 2. Will there be any issue regarding my joining? 3. What should I do to save the job?
Mere filing of case is no bar to your joining railways
2) you should apply for and obtain Anticipatory bail from sessions court
3) poluce would issue you notice to record your statement
4) only if you are convicted of offence would it affect your job
Hi, it is advisable to get the matter compromised and move for quashing of FIR in high court under section 482 crpc ,as criminal FIR may effect your job ..If there is no chance of compromise then apply for anticipatory bail in order to avoid arrest and contest the case in court
Police verification after interview or if no interview and selected than after submission of documents. If you have not disclosed about the pending FIR while applying for job or where ever it was needed than you may face problem.
Otherwise will not face.
Mostly before joining and getting letter
As you don't have conviction no issue
You can only take legal steps depending on their reply if you are rejected
File a quash petition for the FIR.
There might be problem in the police verification.
1-Police VERIFICATION would take place as per HR of your department which is their prerogative which can't be assured, assumed and presumed.
2- There should not be any issues of joining because case is still pending and verdict is still to be delivered. Innocent untill proved guilty.
3- Please appoint an Advocate and move an application before High Court under section 482 of Cr.P.C. 1973 for quashing of charge sheet filed by the Police. You have to make your wife a necessary party as Respondent No 2 for quick disposals before High Court.if your case is based on false allegations the High Court would not take much hearing to quash the charge sheet pending against you.
All the Best .
Best regards.
Dear Sir,
You are suggested to approach for the quashing of the case/FIR before High Court. Also, one judgment of Allahabad High Court says that FIR out of 498A case is merely a personal dispute and you are suggested to use this judgement at the time of police verification. The police verification is done sometimes before joining the govt service and sometimes after joining the services.
1. See the department may ask for a police verification or may ask a self-declaration from you in which you have to declare the pending case.
2. No, still you are not convicted of the offence, the trial is pending, pending trial there will be no issues in joining.
1. Yes, before joining the said job , as per rule police verification will happen
2. Until the case proved against you, it will not effect your joining .
3. As per law, A government employee detained for 48 hours is deemed suspended, which means he cannot join without revocation of suspension, and if he keeps on working without informing department then entire salary drawn is illegal.
- This rule is apply for even 498a , because 498a is a crime against woman , and department can without waiting for outcome of the criminal case initiate disciplinary proceedings.
- Hence, at the time of joining the job , you should inform the departmental head that a case of 498A is going on against you.
1. The employer or the board will send the verification of yor character and antecedents to the police before enrolling you on their rolls.
2. Actually since only the charge sheet has been filed and the trial proceedings is yet to begin, and the disposal is not yet known, the police may not give any adverse report due to this matrimonial dispute.
However you may have to be vigil about it.
3. You can give an explanation letter explaining the circumstances under which she has filed this false criminal complaint against you, if at any show cause notice is issued by the employer in this regard before giving the appointment letter to you.
1. Soon after the panel is prepared for selected persons.
2. You must disclose the pendency of the case. It is the discretion of your employer to finally select you which in the present circumstances is likely decide in your favour.
3. You have no option but to disclose the truth and hope for the best. It is the chpice of the Union Government to give you appointment or not.
1. Since you have already been selected the mere pendency of 498A cannot be the basis of any disciplinary action against you.
2. There is nothing you can do at this stage.
3. If any disciplinary action is taken against you then you may challenge it through a writ petition in the HC.
Your joining will not be affected at this point of time because of the charge sheet but later on this matter will be disclosed by the police in its clearance report to the department until and unless you are pronounced guilty by the court there will be no effect on your job but after the pronouncement of the judgement against you the departmental procedure will be taken care by as per the rule
Normally in UPSC exams once you qualify and before issue of appointment letters, there is a back ground verification check done by the police based upon your residence/college etc.
Candidates should not have any criminal antecedents or criminal cases filed against them.
So better to get the case quashed at high court by engaging a good lawyer who can clear you of all the cases.
1. Police verification will be done before joining.
2. Yes you can he disqualified due to criminal complaint against you.
3. You should ask your wife to go for settlement and withdraw the case as soon as possible.
If these things are asked as to any criminal case pending then you should truthfully state all the cases filed against you. You haven't been convicted yet. It is a matrimonial matter and therefore you may get some relief.
It is their discretion. They may let you join.
Police verification will happen soon.
