• Impact of motor accident case on job application

My car hit one lady on Highway 3 yr back and took her to hospital but subsequently died. I was booked under 304A. I paid claim amount as per decided by tribunal one year back as my vehicle was out of insurance that time. Now, in 304A witness who filed FIR is hostile and I hv declined my all charges and about to get free most probably from case in next 2-3 days as there is last hearing. I hv denied all my charges.

But now I have got selected in permanent central government job (UPSC class I ) and they are asking certian questions like have you been ever arrested/prosecuted/bound down/fined by court/any pending case against you ? 
If yes, give details.
I have not mentioned regarding my court case while fully the form.

Kindly guide me ...What I should do now?
1) whether to disclose in details in joining form or not?
2) Can they cancel appointment letter? Or deny me job 
3) what is impact of this case on my appointment?
4) why are asking five year residence addresses with police station name ?

Kindly help me
Asked 4 months ago in Labour

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11 Answers

Only offences involving moral turpitude affect the prospects of government  jobs. An accident is an accident it does not involve any moral turpitude. It will in way affect your selection for any government  job. Even in offences involving moral turpitude if the aspirant gets clean acquittal that will not have any adverse impact. On the contrary hiding  the fact of case amounts concealment of material fact and destroy your chances. There are number of judgments of High Court and Supreme Court  to the effect that offence of accident do not impact job opportunity.

  1. Not disclosing amounts to concealment of material fact and will affect you adversely.
  2. You appointment will be cancelled.
  3. It will not have any impact on your appointment.
  4. To cross check your information.

Ravi Shinde
Advocate, Hyderabad
1010 Answers
8 Consultations

5.0 on 5.0

Hello,

If the application form clearly asks questions like "have you been ever arrested/prosecuted/bound down/fined by court/any pending case". Going by the details you have shared, when you were booked under 304A (IPC, I assume, which deals with "Causing death by negligence" and you were prosecuted in the same case, maybe fined as well

and you are not mentioning the case which is still being heard and is pending, all of these will be equivalent to concealment of material facts and information and that may lead to cancellation of appointment at a later stage due to suppression of facts\candidate information through self-disclosure. Further, Central Government jobs involve intense background checks including Police Verification and verification of Court records, hence this case will come up at some time sooner or later.

 

If you are certain that you will get acquitted, I would suggest, disclosing these details will give you a fair chance to defend any rejection on this ground that the case was disposed of and you were acquitted and freed from all charges. This will be a better path than your appointment getting canceled due to you not disclosing the facts.

 

Let me answer the remaining questions as well

 

1) whether to disclose in details in joining form or not?--Already expressed my opinion

2) Can they cancel appointment letter? Or deny me job ---Ideally for cases where you were acquitted or found not guilty or non criminal cases. government jobs aren't denied

3) what is impact of this case on my appointment? ---None as long as you are acquitted

4) why are asking five year residence addresses with police station name ? ---That is a standard procedure to verify Police and domicile records. Police verifies any criminal record in places where you have stayed for 6 months or more.

 

All the best!

 

 

Aniruddha Chakraborty
Advocate, Bangalore
37 Answers

5.0 on 5.0

You should disclose the pending case 

 

2) if you are acquitted your appointments letter would not be cancelled 

Ajay Sethi
Advocate, Mumbai
82705 Answers
5254 Consultations

5.0 on 5.0

Dear sir/ma'am,

 

It is advised that you inform the appointing authorities that you were booked under 304A IPC. This is the wisest thing to do and its does not put you in jeopardy especially when there are higher chances that you will be acquitted.

There is no way that this can be concealed from the appointing authorities because your name is already there in the official records. Concealment of facts only suggest that you are dishonest and this alone can largely influence the authorities about your recruitment.

Rest be assured that if you are acquitted of the charges, your appointment letter will most likely not be affected. 

Details such as five year residence addresses are all part of protocol. Thank you.

Anik Miu
Advocate, Bangalore
1528 Answers
18 Consultations

4.9 on 5.0

1. You may have to reveal the details of the criminal case which is pending against you as on this date.

2. Since the case is pending and the outcome is yet to be known, your candidature may be kept at suspension without any decision.

3. You have not been convicted  neither the case has been decided yet, hence wait for the disposal details of the case.

4. The details of your past years activities are to be ascertained, hence.

 

T Kalaiselvan
Advocate, Vellore
72791 Answers
1111 Consultations

5.0 on 5.0

1. Yes, you should not conceal the truth facts in joining form , 

2. As per Supreme Court, A person facing criminal cases cannot be considered suitable for appointment in government service unless acquitted of the charges,
3. Since you have already acquitted in the case , then you are entitled for the appointment. 

4. To take the police clearance certificate during 5 years period. 

Mohammed Shahzad
Advocate, Delhi
7090 Answers
74 Consultations

5.0 on 5.0

1) yes as you were arrested 

 

2) No 

 

3) Yes as you were prosecuted 

 

4) NO 

 

5) NO 

 

6) No 

Ajay Sethi
Advocate, Mumbai
82705 Answers
5254 Consultations

5.0 on 5.0

Your answers are…

  1. yes.
  2. no.
  3. yes.
  4. no.
  5. no.
  6. no.

Answers to question  Nos. 4,5 and 6 are only considered and if they are ‘No’ you will not face any problem in your employment. If there is further query you can clarify that offences were of accident under Section 279 and 304A which  does not involve moral turpitude.

Ravi Shinde
Advocate, Hyderabad
1010 Answers
8 Consultations

5.0 on 5.0

1. No.

2. No

3. Yes

4. No

5. No.

6. No.

T Kalaiselvan
Advocate, Vellore
72791 Answers
1111 Consultations

5.0 on 5.0

1. Have you ever been arrested ? Yes/No- No - If the chargesheet filed by IO doesn't state you were arrested and produced before court.

2. Have you ever been kept under detention ?Yes/No --No, based on your inputs

3. Have you ever been prosecuted? Yes/No ---Yes, because you were prosecuted as part of the case. This is not at all negative to your job application because as I said earlier, because you were acquitted..

4. Have you ever been bound down?Yes/No ---No, based on your inputs

5. Have you ever been fined by a court of law?Yes/No--Yes, if you were fined related to this case or related. But because your bonds and sureties were discharged, you can specify this.

6. Have you ever been convicted by court of law? Yes/No- No, as you were acquitted


All the best!

Aniruddha Chakraborty
Advocate, Bangalore
37 Answers

5.0 on 5.0

Dear sir/ma'am,

 

Please be honest with all the answers. As per the limited information provided by you, all the answers except for the last one will have to be answered in the affirmative. However, an affidavit does not have to be black and white, with only objective answers. You shall thoroughly elaborate on your position so that you can draw sympathy from the concerned authorities. 

Do explain the entire scenario and justify your claims of innocence in the affidavit. Thank you.

 

Anik Miu
Advocate, Bangalore
1528 Answers
18 Consultations

4.9 on 5.0

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