• Government recruitment when criminal proceeding going on

1. Can a person having an FIR registered against him or having a criminal proceeding going on against him apply and be recruited in a government job?

2. Can a person having an FIR registered against him or having a criminal proceeding going on against him apply and be recruited in a government job even when he suppressed this information from the organization?

3. If the person gets recruited in a government organization by suppressing information regarding FIR/criminal proceedings and now after knowing about him, the employer is not taking any action, what can be done legally against the person and the employer?

4. What action the government employer/organization should take against the person for suppressing the information regarding fir and criminal proceedings?
Asked 4 years ago in Criminal Law
Religion: Hindu

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24 Answers

1. Yes he can apply, the have to be mentioned in the form.

2. This information have to be disclosed. It should not be suppressed. 

3. Make a representation to the higher authorities about this.

4. There should be another criminal proceedings against him for hiding the facts

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

You can apply for govt job during pendency of criminal case 

 

2) if you have suppressed material information about pendency of criminal case then after holding departmental inquiry your services can be terminated 

 

3) if offence is of trivial nature not necessary that his service be terminated 

 

4) employer can conduct departmental inquiry against employee for suppression of facts and terminate his services of criminal case pending is of serious offence 

Ajay Sethi
Advocate, Mumbai
96716 Answers
7797 Consultations

After going through your case and facts of case, I answer as follows :- 

Any Government organizations mostly do not recruit and appoint an employee who is facing charge of moral turpitude and case against Central and State Government. 

If you are not facing above case/ FIR at any State or Police Station of Union of States or Union Territories then your recruiter would recruit you with the condition that you would be dismissed from service of Government services in case of conviction order Judgement by any competent Court of India.

Anyone may be recruited in Government organizations if that person has not been convicted by any competent Court of India except cases pending as per above mentioned explanation. 

If employer and employee have concealed the facts while recruiting the employee both of them will be suspended during preliminary hearings and department enquiries till final disposals of the enquiries. If found guilty will be dismissed and may face civil and Criminal trials at the instance of Central or State Government as the case may be.


Suppression of information and concealment of case at the time of recruitment process is a serious issue legal implications are serious may be culminated with dismissal order from the employer as per service rules and HRD services authority 

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

1. Yes he may apply for the government job pending the trial.

2. He has to mandatorily disclose the information before the appointing agency.

3. Complaint may be filed before the concerned department with appointing authority.

4. Same shall be taken as per the recruitment rules.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

Dear Sir,

Having a FIR registered against someone doesnt necessarily make him a sentencee. So until his crime is establised and he gets convicted, there are changes of escape. Rather if the terms of service required disclosure of criminal proceedings and he has hidden the same is a ground for action.

Anand Shukla
Advocate, New Delhi
666 Answers
14 Consultations

1. There is no legal bar to apply for the job. However depending upon the gravity of the charges its discretion of the government whether to appoint him or not. 

2. If he supresses the incident then the same is gross misconduct leading to summary dismissal of the job on its discovery by the department. 

3. It's a gross inaction on the public authority for which writ petition can be filed in high court against the department. 

4. He must  be dismissed from service after findings of DP. 

Devajyoti Barman
Advocate, Kolkata
23181 Answers
510 Consultations

This should have been disclosed. Employer can take action against him

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

Dear Sir/Madam,

The mere allegations/FIR/criminal proceedings are not the strong proof to take actions against any Govt official. However, the action may be taken against the said official if the said official is convicted against the said official.  

Ganesh Singh
Advocate, New Delhi
6757 Answers
16 Consultations

No problem with the charge provided you have disclosed it during recruitment process. 

In case of conviction, you may be dismissed from the service. 

In case suppressed the information of pendency of FIR at the time of recruitment and appointment process then serious issues may PE and DE after that may be retained or dismissed. 

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

1. Yes, he can apply and join the said job after recruited till the time he not get conviction from the court in that case.

2. Yes, can apply and join after recruit , but after knowing that he has suppressed the information of his court case , he may loose his job . 

3. Once the information came into the knowledge , the department is bound to take legal action against that employee , otherwise anyone can file a complaint against that department legally .

4. On the ground of suppression of necessary information at the time of applying & joining , that person may loose his job till the time of departmental enquiry. 

Mohammed Shahzad
Advocate, Delhi
14406 Answers
221 Consultations

Accused must declare filing of FIR against him when he applies for government job 

Ajay Sethi
Advocate, Mumbai
96716 Answers
7797 Consultations

Have to disclose about pending case than dept. Will decide whether to give appointment or wait for order or appointment shall be subject to order of court.

If information not disclosed and dept. Got the knowledge of case, than can be terminated for concealing material information.

3. Nothing. 

Employee shall be suspend or terminate.

Yogendra Singh Rajawat
Advocate, Jaipur
22971 Answers
31 Consultations

See the complaint for same has to be filed before the appointing authority in the regard.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

1. Yes he can apply but if asked in form then he needs to reveal it. 

2. No if suppressed then govt office can take action. 

3. If employer not taking action then it's their discretion. You can't compel. 

4. He can be terminated

Prashant Nayak
Advocate, Mumbai
32366 Answers
199 Consultations

1. There's no in applying for government job in this situation,  however the recruitment may take place only on the basis of the result of criminal case. 

2. Suppressing the material fact may be viewed seriously. 

3. No action can be taken against the innocent employer but a complaint can be made against the employee with the authorities concerned. 

4. They will take action as per law in this regard. 

 

T Kalaiselvan
Advocate, Vellore
86915 Answers
2331 Consultations

Whether he was punished and sentenced to undergo imprisonment?

 

T Kalaiselvan
Advocate, Vellore
86915 Answers
2331 Consultations

It is pertinent to note that there is no bar on selection on the ground of pending trial. However, you must reveal fairly the pendency of the criminal case , FIR, arrest and detention (if any) as required in the Attestation Form and Affidavit to be submitted with the Department.

a judgment delivered by Justice M Katju (Supreme Court) directs the departments to take liberal view in such cases and not to reject the candidature solely on the ground of a pending case.

Mohammed Mujeeb
Advocate, Hyderabad
19306 Answers
32 Consultations

Candidate definitely have to disclose all particulars in the application. Also please provide the stage of proceedings in the Criminal Matter. 

Mohammed Mujeeb
Advocate, Hyderabad
19306 Answers
32 Consultations

1. Pendency of a criminal case is no bar to applying for the job, but the nomination may be rejected if the case is pending.

2. If he suppresses the factum of pendency of the criminal case then he can be terminated.

3. If the employer in its wisdom is not initiating disciplinary proceedings against the employee even after it is brought to the notice of employer that the employee had suppressed information regarding the pendency of criminal case then he cannot be obligated to initiate the disciplinary proceedings.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

1. Yes he can be appointed to govt job until he is convicted in some FIR. 

2. No, if he suppress this fact than department can initiate legal actions against him

3. You can make an application for taking action against that person and demand details of action taken against him regarding suppression of facts.

4. Depends on the departmental inquiry. 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

No he cannot.

If he suppresses the information and then gets selected he may be removed.

He should be suspended and criminal charges should be initiated and also departmental proceedings.

Rahul Mishra
Advocate, Lucknow
14103 Answers
65 Consultations

These are grave charges.

Rahul Mishra
Advocate, Lucknow
14103 Answers
65 Consultations

  1. As per the information mentioned in the present query, makes it clear that you have been wrongly informed about the meaning of having FIR against someone.
  2. I would like to apprise you that no one can be called guilt if any crime as an accused until proven guilty.
  3. As if it is the case then half people of the country will be dire situation of losing their livelihood.
  4. No, one can fire the employee or show any discrimination against him for having FIR on his name.

Sanjay Baniwal
Advocate, South Delhi
5474 Answers
13 Consultations

It will affect the recruitment process.

Swarupananda Neogi
Advocate, Kolkata
2973 Answers
6 Consultations

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