Hi Sir/Madam, I have recently cleared one government job and got the merit list. After that, they sent me a form (SSQ), and in that form, they asked me to mention 6 of my relatives with their names and occupations in which Father and mother are mandatory. After the above-said question, they asked if there were ANY COURT CASES ON THE SPECIFIED PERSONS. My father has a Pending Criminal case with IPC 420 38, which is actually a civil case. Should i mention that in the asked form and if mentioned is there any problem for my job postings.
From India, Hyderabad
From India, Hyderabad
Dear Pavan,
Earlier while recruiting for government services, except for parents, the details of other family members were not asked. Nowadays these details are asked because it has been discovered that the antinational elements are systematically infiltrating the government services. This poses a threat to the national security.
If not the risk from the antinational elements, there is a risk of recruiting antisocial elements.
Coming to your query on the disclosure of a case under IPC against your father. I recommend you disclose the facts. This is because if you withhold the information, then it will be tantamount to "suppression of the material facts". If the suppression of the facts is discovered later, it will be considered misconduct and could create a problem for you.
As far as the case is concerned, at this stage, your father is just accused and not a convict. Therefore, no need to worry about the disclosure of the case.
Thanks,
Dinesh Divekar
From India, Bangalore
7884Earlier while recruiting for government services, except for parents, the details of other family members were not asked. Nowadays these details are asked because it has been discovered that the antinational elements are systematically infiltrating the government services. This poses a threat to the national security.
If not the risk from the antinational elements, there is a risk of recruiting antisocial elements.
Coming to your query on the disclosure of a case under IPC against your father. I recommend you disclose the facts. This is because if you withhold the information, then it will be tantamount to "suppression of the material facts". If the suppression of the facts is discovered later, it will be considered misconduct and could create a problem for you.
As far as the case is concerned, at this stage, your father is just accused and not a convict. Therefore, no need to worry about the disclosure of the case.
Thanks,
Dinesh Divekar
From India, Bangalore
Dear Pavan,
As said earlier, as of now, your father is an accused. Even if he were to be convicted, his conviction should not have a bearing on your employment. Under which act or law, the recruitment in government services be denied to the son because of the father's conviction?
Indian jurisprudence has no provision for punishing the son for the crime(s) committed by the father. Both of you are independent citizens of India. Your employment and your father's criminal case need to be viewed independently.
From your side, be cautious in your work. Come what may, make sure that your acts do not tarnish your character.
Wish you all the best!
Dinesh Divekar
From India, Bangalore
As said earlier, as of now, your father is an accused. Even if he were to be convicted, his conviction should not have a bearing on your employment. Under which act or law, the recruitment in government services be denied to the son because of the father's conviction?
Indian jurisprudence has no provision for punishing the son for the crime(s) committed by the father. Both of you are independent citizens of India. Your employment and your father's criminal case need to be viewed independently.
From your side, be cautious in your work. Come what may, make sure that your acts do not tarnish your character.
Wish you all the best!
Dinesh Divekar
From India, Bangalore
Sec 420 and sec 38 of IPC are not crimes of civil nature.
They are cases related to criminal activity. 420 is fraud / cheating and 38 is group of people conspiring to criminal activity.
I do not know what job you are applying for, but if they consider it a sensitive position, they may reject you for association with cheating cases, unless there is a clear demarkation between you and your father. However, not disclosing the cases is worse because they will find it out any way. When that happens, you are definitely going to be rejected.
It being a government job, you can always file a writ petition against the department in case they reject you on this grounds. But that involves a serious amount of money spent on lawyers, so dont jump the gun
From India, Mumbai
They are cases related to criminal activity. 420 is fraud / cheating and 38 is group of people conspiring to criminal activity.
I do not know what job you are applying for, but if they consider it a sensitive position, they may reject you for association with cheating cases, unless there is a clear demarkation between you and your father. However, not disclosing the cases is worse because they will find it out any way. When that happens, you are definitely going to be rejected.
It being a government job, you can always file a writ petition against the department in case they reject you on this grounds. But that involves a serious amount of money spent on lawyers, so dont jump the gun
From India, Mumbai
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