Pending criminal case and selection in civil services exam

[pranjal tripathi]

I have been named as one of the accused by a person living in my neighbourhood in a case under section 304 of IPC,though my name does not appear in FIR.at present police is doing investigation and till now has not made any chargesheet.I am quite confident that if the case goes to court i will be acquitted.but I am quite worried over the fact that for the last 2 years I am preparing for civil services exam and state civil services exam and if i get selected i will not be getting appointment letter due to pendency of criminal case against me(this is due to the fact that disposal of case takes a lot of time in India even if someone is innocent).I want to know what to do,should i continue my preparation without worrying about this case or what other options i have?

[Dr. Ashok Dhamija]

As far as I know, generally speaking, pendency of investigation or FIR may not come in the way of appointment. Conviction in a criminal case may of course be a different thing.

However, you must clearly and transparently mention the details of whatever case is pending against you in any court or with police, etc., in the forms required to be filled up at time of applying or at the time of appointment.

It may be pointed out that giving any wrong or false information may render the applicant liable for disciplinary action.

As per the rules, if any criminal prosecution is pending, the probation period of the employee may be extended.

So, you can apply for the examination and prepare for the same. At the same time, if possible, try to get the case quashed or discharged from the competent court.     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

[pranjal tripathi]

Thank you sir for such a quick response.It really helps and eases a lot of pressure.
Sir one more question-if i am selected in civil services and at the time of selection if i am having a criminal case pending against me in a court,would i will get the appointment letter?

[Dr. Ashok Dhamija]

As I mentioned earlier, generally speaking, it may not come in the way of appointment, provided you have disclosed it, and of course, it also depends on the nature of the case also, i.e., how serious the case is and what is your role. But, as mentioned earlier, the probation period may be extended if a criminal case is pending.     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

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