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Court Case Effects on Government Job in Hindi | By Ishan
A criminal case, in common law jurisdictions, begins when a person suspected of a crime is indicted by a grand jury or otherwise charged with the offense by a government official called a prosecutor or district attorney. A criminal case may in some jurisdictions be settled before a trial through a plea bargain.
What is difference between criminal and civil cases? : Crimes for which the punishment is less than a year in jail are called misdemeanors. Guilt is harder to prove in a criminal case because the prosecutor must prove that the defendant is guilty “beyond a reasonable doubt”. A civil case is introduced by a private party (plaintiff) seeking monetary damages.
Can I get a government job when my case is pending in court? : No, you cannot apply for govt. jobs when any criminal case is pending against you. But a civil case cannot form a basis for termination in the govt. sector until the case is one involving moral turpitude.
In the case of State Of West Bengal & Ors. Vs. Nazrul Islam, the Supreme Court ruled that any person facing or convicted of a criminal offence cannot be considered suitable for a government appointment. To be considered eligible, a person should either have no charges pending against them, or have been acquitted of these charges by the court. However, this acquittal must not be out of a compromise between the accused and the victim, or due to the witnesses in the case turning hostile.
Consequences Of Non-Disclosure Or Suppression Of Information : An employer can legally take action against someone who actively discloses incorrect or misleading information on their verification form.
A three-judge bench of the Supreme Court enumerated the principles to be followed by employers when dealing with the suppression of information or submission of false information by potential employees in the verification form with respect to prosecution, arrest or pendency of a criminal case in the case of Avtar Singh vs. Union of India. You can go through this case law for further details.
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