Response

The Supreme Court ruled in the case of State Of West Bengal & Ors. Vs. Nazrul Islam that anyone facing or convicted of a criminal offence cannot be eligible for a government position.

A individual must either have no charges pending against them or have been acquitted of these charges by the court to be deemed worthy. This acquittal, however, cannot be the result of a settlement between the accused and the victim, or that the witnesses in the case have become hostile. Furthermore, any person who has spent more than 48 hours in police custody is prohibited from working for the government, according to government regulations.

Under the Indian Constitution, a government employee may only be fired for being absent from work for an extended period of time or for proven misconduct.The mere filing of a FIR would have no negative impact on jobs. For any negative impact on their work, proceedings must have been initiated in court or the individual must be convicted of the offence.Ê

The best choice in the case of a licenced FIR is to file a motion to quash it in court under Section 482 of the Code of Criminal Procedure,1973. The Section states: Nothing in this Code shall be deemed to limit or affect the inherent powers of the High Court to make such orders as may be necessary to give effect to any order under this Code, or to prevent abuse of the process of any Court or otherwise to secure the ends of justice.

Reference: State Of West Bengal & Ors. Vs. Nazrul Islam ; Section 482 of the Code of Criminal Procedure,1973

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