1. It is not coming under any crime which is to be recorded in police station,
2. It will not be mentioned any where in the police report,
3. So, you need not mention in the character verification form required to be submitted for Govt. Jobs.
Character verification by employer
Sir i was fined 1000/- by railway magistrate under section 145/146 of railway act . as RPF personnal deported me on XYZ station in other state and took me with them and kept in RPF police station and made a written complaint against me, then freed me after depositing fine amount. as they does not given me any document regarding this. now will i have to give these information in character verifcation form in govt job as they noted my permanent address. if i not mention this in attestation form. will ther any possibility exist that it will come into picture in police verification in any circumstances.what will be the worst possible consequences, as i don"t want to loose my job under concealment or suppression of fact. what will be the best way to come out from this issue?
Asked 8 years ago in Criminal Law
Religion: Hindu
11 answers received from multiple lawyers
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11 Answers
You better disclose this information. If you didn't then nothing to worry as the same is not enough to ruin your career.
as i saw in various nomination papers filled by our leaders they declared in paper that cognizance taken by magistrate under section 145/146 of railway act. so if this does not come under any crime why they declare this. pls explain me the reason behind this.
Asked 8 years ago
In election nomination filings such declaration is mandatory and non disclosure is enough to cancel nomination.
In govt. job no such strict principle applies.
Since no FIR was registered against you this would not ordinarily figure out anywhere even on a verification. Taking of cognizance is an act of the magistrate which means that he has applied his mind to the FIR and other available material on record. So unless a FIR was lodged and you were produced before the magistrate who took cognizance of the offence this should not be traceable.
1. The candidatures of our leaders seeking election are very tightly scrutinised since they will be in helm of affairs of our Country/State,
2. In your case as candidate for Govt. Employment, no such tight scrutiny is required and it is very unlikely that the RPF of XYZ station of other state will send report of your paying fine u/s145/146 of railway Act when there are thousands of such people all over India who pay fines every day at different stations.
Section 145 is for the offences for creating nuisance in the carriage and 146 for preventing an official from discharging his office duties;
From your contents no formal procedures have been followed while imposing fine of Rs. 1000/- on you. This is a minor offence. The records of this offence shall be within the railway police and there is no necessity for them to travel outside to the regular police.
Therefore there is no importance attached to this minor offence let off with fine and the same is not going to reflect anywhere.
Therefore you may just ignore this question saying no to the question asking you that whether you ever have been convicted and underwent imprisonment for a period more than .....
exactly i do not know whether that plain paper where they write all things was FIR or COMPLAINT but they took my sign on that ,they send me hospital for checking alcohal level but it could not completed as that facility not available in hospital. even they does not produce me before magistrate. After going through various judgement of SC, I realized that concealment of fact comes under moral turpitude and it itself a ground for termination of job. is it true? (can employer terminate employee on this ground in petty offences/fines ?) Being an IAS aspirants what will be better option for me disclosing/concealing but i do not want to disclose this.. pls suggest me the right path to come out from this dilemma ? as i could not concentrate on my studies due to this?
Asked 8 years ago
Non disclosure of petty offence is not an act involving mortal turpitude.
What you should do now is engage a lawyer to ascertain if the FIR had been registered or not. This will make the picture clear. If the FIR came to be registered then you had to be produced before the railway magistrate, so most likely it was not registered.
After going through various judgement of SC, I realized that concealment of fact comes under moral turpitude and it itself a ground for termination of job. is it true? (can employer terminate employee on this ground in petty offences/fines ?)
As I opined earlier, I reiterate that your worries are unnecessary. The records so created by RPF shall be confined to their records alone, they are not considered for character verification by general police because the police are not aware where all you travelled temporarily and what all happened outside their purview. They will be more interested in any major event involving moral turpitude in the locality within their jurisdiction, hence you need not bother about this petty incidence.
Being an IAS aspirants what will be better option for me disclosing/concealing but i do not want to disclose this..
pls suggest me the right path to come out from this dilemma ? as i could not concentrate on my studies due to this?
You better concentrate on your examinations for achieving your goal in life setting aside worries about such sundry and petty incidences which may not even reflect anywhere.
sir after going through uttrakhand police act i found “Moral turpitude” means involvement in any crime, which among other things, either pertains to cheating, forgery, drugs, intoxication, offending the modesty of a woman, or any offence against the State as mentioned in Chapter VI of the Indian Penal Code (Central Act 45 of 1860); as i too in drunken(intoxication) state in railway carriage and creating nuisance, is it accounts to moral turpitude or depraved character . sir i am not able to understand these legal terminology please explain me sir. i just want to know that offense done by me falls under moral turpitude or of depraved character or not.
Asked 8 years ago
The charges framed on you by the railway police are of petty offences in nature and they will destroy the records in the periodical destruction action taken by the department.
Therefore there is no much worries on this to the extent of your concern over this issue.
In my opinion your worries are unnecessary because these matters are generally not reported by Railway police outside and the general police shall not have even a vague idea about an individual to commit any such offence, hence you may not worry about the so called moral turpitude etc. This may not reflect in the character and antecedents verification reports by police.
Being drunken and intoxicated is not one and the same thing. Drunk and intoxicated are two expressions which are used interchangeably but they do not convey the same legal meaning. If you were only drunk and created nuisance then it does not involve moral turpitude.