• Pending 498a on family members and a stay currently in place

My brothers and his wife  (were residing abroad  )filed 498a on me and my wife for no apparent reason
I was disqualified from a govt job i just joined 2 months back on this basis can anyone please advise ?
Asked 1 month ago in Criminal Law from United States
Religion: Hindu
please clarify whether you disclosed the pending case against you when you joined the got job 

2)if you have suppressed the said fact it would render you unit for employment and you would be disqualified

3) Govt cannot cancel appointment of candidate on the ground that 498A or  criminal case is pending but you must disclose the fact of pending case 
Ajay Sethi
Advocate, Mumbai
23192 Answers
1218 Consultations
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Mere pendency of 498A is not a ground for suspension of a govt employee unless he had to suffer arrest and detention as a consequence thereof. You can move the High Court to challenge the decision to disqualify/suspend you and also apply for quashing of FIR.
Ashish Davessar
Advocate, Jaipur
18088 Answers
447 Consultations
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Hi 
1) Not sure on what basis you were disqualified from a government job as the case proceedings is still ON and there is no conviction or penalties against you. Even if there was a conviction you can always appeal in higher courts

2) In our legal experience we are yet to come across a case/judgment where the brother and his wife is convicted or penalized under 498A.

3) If the Police have not filed a charge sheet yet, you can approach the high court under section 482 of Cr.P.C and request the high court  for quash of proceedings and stay of arrest which i am sure the High court will grant the quash and stay of proceedings.

4) If you have been disqualified from a government job because of mere filing of 498A, you can always approach the Central Administrative Tribunal and 
4a. get reinstatement orders  &
4b. along with back dated wages & 
4c. Continuity of services without interruption, 

Hope this information is useful.
Rajgopalan Sripathi
Advocate, Hyderabad
868 Answers
43 Consultations
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Fight the case on merit and after getting acquittal file a criminal complaint or civil suit for malicious prosecution and claim compensation.

Feel free to call
Nadeem Qureshi
Advocate, New Delhi
3523 Answers
130 Consultations
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Mere filing of 498A case is no ground for disqualification. I am sure you were not arrested in this case and has got bail in it as well.
If that is so then you can challenge the disqualification in appropriate forum.
If you could mention the actual version in the disqualification letter I could advise further.
Devajyoti Barman
Advocate, Kolkata
5189 Answers
54 Consultations
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It is difficult to advise properly unless the details of FIR are known to us , however,you may file for quashing of FIR under sec 482 of CrPC if the ingredients of 498A like causing physical or mental harrassment leading the other person to cause grievous hurt or to commit suicide is not there.
Therefore seek legal advice from a criminal lawyer of your area and proceed to contest the case on merit. 
Sushil Jha
Advocate, Patna
161 Answers
0 Consultations
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1. You are deficient in providing details.

2. Before which police station your sister in law who stays abroad has filed the 498A complaint?

3. Has FIR been registered by the police against the said complaint made against you?

4. Has police conducted an investigation in connection with the said complaint.

5. If it is in UP than you shall have to take a stay order from the Court on further action by police.

6. Have you been informed by the authority in writing that you have been disqualified to continue in a Govt. job? 

7.  if you have been informed in writing that you have been disqualified from continuing your Govt. job is due to the 498A FIR filed against you, then file a Writ Petition before the high Court for the said illegal step taken by the Govt. department seeking remedy and relief.
Krishna Kishore Ganguly
Advocate, Kolkata
12104 Answers
229 Consultations
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If she had filed a 498a case and named you as an accused in the list of accused, how would you get disqualified from a  government job?

Were you employed in an government organisation and that you have been sacked from the job for this?

Please furnish proper details so that you will get proper opinions and solutions to you problem.

Your question is very vague 

Have you been convicted by the court for the offences?

Revert with details 

T Kalaiselvan
Advocate, Vellore
13979 Answers
127 Consultations
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