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Author Topic: govt. appointent denied due to a cr. case pending  (Read 888 times)

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Offline Anoop75

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govt. appointent denied due to a cr. case pending
« on: February 22, 2016, 06:54:09 AM »
Hello, I am selected in up pwd through upsssc. Now after police verification the department denied me to give me appointment letter because a cr. case u/s 307 is pending against me, which is a cross case. I have never been detained or arrested. I got stay from hon. highcourt. I showed everything in my application form at the time of interview and document verification.
    Sir, I need help as I am unemployed person and I need a job for living. plz I want to know there is any case law or employment rule that state can deny a desk job because of case pending. plz answer as soon as possible.

Thanking you.

Offline arulselvan

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Re: govt. appointent denied due to a cr. case pending
« Reply #1 on: March 29, 2016, 01:47:58 AM »
They can not deny appointment if there is criminal case pending. They can deny only if you try to hide it.

If you have declared it, they can not deny it unless it is a disqualification as per the advertisement.

The below cases may be useful

Supreme Court – Commissioner or Police Vs Dhaval Singh, AIR1999SC2326-

“5.....It is also obvious that the information was conveyed voluntarily.....The cancellation of the candidature under the circumstances was without any proper application of mind and without taking into consideration all relevant material”

Supreme Court –  Kamal Nayan Mishra Vs State of Madya Pradesh, (2010)2SCC169-

“6.2. ...if it is found that the employee had suppressed or given false information in regard to matters which had a bearing on his fitness or suitability to the post, he could be terminated from service during the period of probation without holding any enquiry.

I have come across many such cases. There was a recent case in Madras High court, where a person was denied appointment based on a criminal case. The court held that his suitability for job has to be seen. Simply because a FIR was lodged, no offence proved, appointment can not be denied.

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