IPC case and implication on job
I am facing a criminal trail under section 420, 468 & 381 of IPC since 2010 in Judicial Magistrate-II and the trail started in late 2010. All the witnesses were completed in May 2014 and only examination of Investigation officer is pending since then. Now almost two and a half year gone past since last witness being examined and examination of Investigation officer didn’t take place for some reason or other like summon not reached the IO, Judge not present, PP was busy for the day, my advocate busy in high court etc. Although I have good hope for my acquittal, my next hearing is on 29-11-2016. In the mean time I appeared for Lower Grade Clerk (LGC) examination and there is every possible chance of my selection. The result will be announced any time; therefore I am worried whether I can join this government job if selected barring criminal trail pending. What are the alternatives is present before me?
Government services usually do not recruit employees with a pending criminal case. Though this seems to go against the principle of ‘innocent until proven guilty’, but the decision rests at the discretion of the employer. You can know the recruitment procedure of the institution through the CDA Rules of the particular institute. Every organization has its own set of Conduct, Discipline and Appeal Rules, which lays down the procedure of recruitment. The application clearly signifies the essential criteria for recruitment and the grounds of refusing recruitment.
If the CDA Rules bars recruitment, you may approach the recruiter with a request letter, after qualification of the examination, disclosing the facts and circumstances, along with the next date of hearing. The recruiter may grant you time for receipt of acquittal, after which you may be granted the job.
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