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If a criminal case has ever been instituted against an individual then it bleaks down the chances of getting employment opportunities in the government sector, with this pre-conceived notion formed already people sometimes tend to avoid such disclosures in the employment forms that ask for disclosures pertaining to pendency of any criminal suit, institutions of FIR’s, etc. That is exactly the first step done wrong, because there maybe a frivolous suit or FIR that may have been filed against a person but lying for the same on an application makes a person liable for misrepresentation and fraud and thereby implicating a person for other offences and also disqualifying him for the same.
The important thing to understand at this very point is the fact that the suit that may have been instituted against a person may not directly involve what is expected of such a person from his employment engagements but lying about the very same can lead to automatic disqualification as there are also background checks that the employer may conduct as part of its recruiting process and if lied upon in the application, that can very easily resurface by the medium of background checks and the likes and in such a case, the person can be disqualified even if he has been provided employment on the grounds of misrepresentation.
It is also pertinent to be noted here that as per law it is the screening that has to decide that whether the pendency of the criminal suit would have any bearing on the nature of one’s post in the basis of the allegations levelled against a person in the FIR and charges (if any). Also just being implicated does not mean being convicted and as a general rule, a person is innocent until proven guilty applies and one cannot be deprived of his employment just on the basis of a pending case against someone, although there still exist a few exceptions here as well, where the nature of employment is sensitive like in the paramilitary or military services then one can be denied employment just on the basis of a first information report or a pending suit
Advocate Anuj Aggarwal can be consulted for further information at or by calling at +91-9599000555.