• 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 1 year ago in Criminal Law from Allahabad, Uttar Pradesh
Religion: Hindu
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.
Krishna Kishore Ganguly
Advocate, Kolkata
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You better disclose this information. If you didn't then nothing to worry as the same is not enough to ruin your career.
Devajyoti Barman
Advocate, Kolkata
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54 Consultations
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In election nomination filings such declaration is mandatory and non disclosure is enough to cancel nomination.
In govt. job no such strict principle applies.
Devajyoti Barman
Advocate, Kolkata
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54 Consultations
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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. 
Ashish Davessar
Advocate, Jaipur
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449 Consultations
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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.
Krishna Kishore Ganguly
Advocate, Kolkata
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233 Consultations
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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 .....
T Kalaiselvan
Advocate, Vellore
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127 Consultations
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Non disclosure of petty offence is not an act involving mortal turpitude.
Devajyoti Barman
Advocate, Kolkata
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54 Consultations
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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.
Ashish Davessar
Advocate, Jaipur
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449 Consultations
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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.
T Kalaiselvan
Advocate, Vellore
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127 Consultations
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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.
T Kalaiselvan
Advocate, Vellore
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127 Consultations
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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. 
Ashish Davessar
Advocate, Jaipur
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449 Consultations
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