• Joining Gr-A post under WB Govt after being chargesheeted

I was arrested along with my father on 20/05/14 on the basis of (fake) allegations brought by our Landlord under sections 341/323/384/385/34 IPC.

(We were granted bail on 22/05/14(J/c for the 1 day in between).

There is a longstanding dispute with the gentleman who made 3 successive agreements to sell the house to me but failed every time. There is an injunction in our favour and several civil suits are going on aswell.)

In the charge sheet subsequently submitted by the I/O (on 24/05/14) prima facie charges u/s 341/323/506/34IPC have been established & the matter was to be tried in an open court although no document in our possession was examined by the I/O neither did he even speak to us.

As regards the issue stated above, I had filed a Criminal Revision petition for stay and quashing of the criminal procedure pending at the court of the CJM, Burdwan at Calcutta High Court.

The hon'ble High Court has put a stay on all proceedings at the CJM's court and has said that the matter is to be heard 4 wks after the reopening of the Court on 27 Oct.

Presently, I have been selected for a Gr-A service under W.B Govt. and the police verification is impending for the same. Will I be able to join my new post?
Asked 2 years ago in Criminal Law from Burdwan, West Bengal
1. at time of interview a declaration was signed by you, in that declaration it is require by the candidate to fill up correct information and don't hide anything. i hope you have mentioned about criminal proceeding against you.

2. if you have mentioned pending criminal case against you in the declaration then you have no problem in joining.

3. pending a criminal case does not bar in joining government service but it will make  your joining  conditional and its future is based on the judgment of criminal case.

4. if you hide this in declaration then you should try to manage police verification.
Shivendra Pratap Singh
Advocate, Lucknow
2752 Answers
41 Consultations
4.9 on 5.0
1. file a petition before high court for order that lower court shall take no coercive action  against you in through out the proceeding, because issuing of warrant of NBW against you may cause problem and disciplinary action may be taken against you by the government. 

2. don't worry police verification can't be a hurdle in joining because you have furnished correct information.
Shivendra Pratap Singh
Advocate, Lucknow
2752 Answers
41 Consultations
4.9 on 5.0
If there is no rules and regulation of the department in which you are going to join then no need to worry, only on this ground your joining can not be delayed only.
your declaration is clearly show the true facts, and the proceedings are stay as per High Court Order so no need to worry, the department may signed some undertaking regarding the result of the case and effect on your job and they will provide job to you.
Nadeem Qureshi
Advocate, New Delhi
3534 Answers
130 Consultations
4.9 on 5.0
1. The proceedings have merely been stayed, and not quashed by the High Court.

2. Have you been issued the joining letter? You have not concealed any fact regarding the case pending against you. The declaration form must have been scrutinised threadbare before calling you for an interview. A criminal case does not disentitle a person from being appointed to a government office, except if the charges are heinous such as in a case of rape,murder,etc. 

3. If the joining letter has been issued then I can foresee no hurdles as you furnished true particulars in the declaration form. However, make sure that under no circumstances a warrant is issued against you by the court.
Ashish Davessar
Advocate, Jaipur
18158 Answers
449 Consultations
5.0 on 5.0
1. You have neither been convicted nor been charge sheeted as yet under the above  sections,

2. You were just arrested against FIR for which you have already got bail,

3. You have not yet given any false stamenet for being disqualified to be appointed in Govt. service,

4. Get the police verification completed by following up with the local police station.
Krishna Kishore Ganguly
Advocate, Kolkata
12123 Answers
231 Consultations
5.0 on 5.0
Yes there is no problem in joining government department though you are in a case or convicted there is a GO regarding the same if you need I will send you
Jeshma Mohandas KP
Advocate, Kozhikode
567 Answers
1 Consultations
3.5 on 5.0

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