Response

Hello,

The Supreme Court has held that a person accused of any criminal offence and having an ongoing case cannot be considered suitable for appointment in government service unless acquitted of the charges. So he can be eligible for the particular job after being acquitted of all charges. No convicted person is eligible for Govt Services.

But if you have settled the matter out of court that is by Alternate Dispute Resolution, then you are free of all the charges. And if you’re free of all the charges against you, you will be eligible to apply for any government job intended by you. Only compoundable offences can be settled out of court.

Section 89 of the Code of Civil procedure was introduced with a purpose of amicable, peaceful and mutual settlement between parties without intervention of the court. Cases can be settled out of court by- (a) arbitration; (b) conciliation; (c) judicial settlement including settlement through Lok Adalat: or (d) mediation.

For arbitration or conciliation, the provisions of the Arbitration and Conciliation Act, 1996 shall apply as if the proceedings for arbitration or conciliation were referred for settlement under the provisions of that Act. For Lok Adalat, the court shall refer the same to the Lok Adalat in accordance with the provisions of section 20(1) of the Legal Services Authority Act, 1987 and all other provisions of that Act shall apply in respect of the dispute so referred to the Lok Adalat.

Reference:

20210023202100423772

LAWAYZ-2023-645