Response
if any criminal case acquitted means there is a no problem for join to any government jobs like that situation happened you then you can approach to high court file w p then court will pass nessary orders
yes you are eligible to write exams and there should not be any difficulty in your final selection.
even if dopt delays your appointment due to this case, CAT will uphold your selection. just disclose all the information correctly at all stages.
By Indian law, an FIR is NOT equivalent to a conviction, so basically FIR does not have any legal standing as far as eligibility is concerned. It does not establish an accused as a criminal. FIR alone cannot get you to jail or any punishment, it only reflects that someone has ‘accused’ you of a crime, or the Police have reasonable suspicion that you have committed a crime.
Also, employers, whether government or private, are not allowed to get access to details of FIR against a person, they can only get details regarding convictions by court. Details of FIR are known only to – 1. the Accuser and his lawyer, 2. the Accused and his lawyer, 3. the Police and the Public Prosecutor, 4. the District Administration and 5. The Courts/Judiciary. So in short, FIR will not be an impediment to joining any employment, whether IAS, IPS, Armed Forces, any Government job, or Private sector.
Now, coming to the ground reality.
FIRs take a lot of time in getting processed by the Court and a sentence being handed/case being dismissed. On average in India, conclusion of an FIR by a Court takes somewhere like 2 to 3 years or even more!! So, if your FIR is still “sub-judice” ( i.e. Court is yet to evaluate/announce its judgement), that may mean that, it is difficult to predict whether you will actually be convicted and punished in the future. No employer, and especially not the prestigious national services like IAS and the Armed Forces, wants an officer who is convicted of as serious a crime as attempted murder.
So, the very fact that you are accused of it (though in my experience, most Attempt to Murder cases in India are frivolous and registered for minor cases of brawl/street fighting and assault), might influence the interview board to reject you, at the final selection stage. So sure, you may get through the Prelims and Mains/SSB – Service Selection Board or Interview Board, but you may face problems later on. And even if you are selected by the service, and get into training, you may be suspended or dismissed/fired later on if you are convicted and/or you appeal to higher courts, who uphold the conviction/refuse to admit your appeal. And if your appeal is accepted by the Higher courts, then again your suspension will be put on hold, but your career will still be in limbo/hanging by a thread.
Reference: N/A – 202100202-20210015-1096 –
LAWAYZ-2023-487