Effect of FIR on Government Job
- First Information Report is registered by the police with respect to commission of a cognizable offence.
- FIR is just the first step of a criminal case and not the final judgment of a criminal case.
- The person against whom FIR is filed is just an accused or a suspect.
- He/ she can’t labelled as a criminal just because an FIR is registered against him.
- Effect of FIR on Government Employee
- An Employee against whom FIR has been lodged cannot be directly removed from a government job.
After the FIR, the trial is Conducted in court.
- If at the end of trial, the court declares the person against whom FIR has been lodged guilty then he is liable to be removed from a government job, that too is not in all cases.
- The person can be removed from the job if he is convicted in case where charges are of serious nature or offence involves moral turpitude.
- But ultimate discretion in such cases lies with the employer according to the Supreme Court guidelines.
Suspension from Job:
- A government employee can be suspended from his job, if he spent more than 48 hrs in police custody.
- The logic is- after the FIR is registered, the person is presented before the magistrate within 24hrs.
- If the offences under which the person is booked is non serious, and of bailable nature then he is bound to be set free within 24hrs.
- But If the offence is of serious nature (non-bailable offence), then the accused may be assigned to police custody for investigation.
- So if the magistrate feels that prima facie the person is guilty, then he must be suspended.
- For how much time can the suspension continue?
Ajay Kumar Choudhary v Union of India –
- The Supreme Court held that the framing of charges against an accused should be completed within 90 days.
- It was also held that a government employee cannot kept under suspension for more than three months, if he is not formally informed of the charges framed against him.
- Avtar Singh v. Union of India
- Supreme Court laid down guidelines regarding the recruitment of a candidate against whom criminal charges are pending.
- Information given to the employer by a candidate as to conviction, acquittal or arrest, or pendency of a criminal case, whether before or during entering into service must be true and there should be no suppression or false mention of required information.
- In case when fact has been truthfully declared in character verification form regarding pendency of a criminal case of trivial nature, employer, in facts and circumstances of the case, in its discretion may appoint the candidate subject to decision of such case.
- In a case of deliberate suppression of fact with respect to multiple pending cases such false information by itself will assume significance and an employer may pass appropriate order cancelling candidature or terminating services as appointment of a person against whom multiple criminal cases were pending may not be proper.
- In short, the discretion lies completely with the employer.
- The person against whom there are criminal charges, may or may not be hired for a government job.
- The Employer must taken into consideration the nature of offences and allegations before taking any such decision.