Concerned About Disclosing Family Court Cases on Government Job Form – Need Advice

Hi Sir/Madam,

I have recently cleared a government job and made it onto the merit list. Subsequently, I received a form (SSQ) requesting me to list six of my relatives along with their names and occupations, with father and mother being mandatory. Following this inquiry, the form asked whether there were any court cases involving the specified individuals.

My father currently has a pending criminal case with IPC 420 38, which is, in fact, a civil matter. Should I include this information in the form as requested? If I do mention it, could there be any implications for my job applications?

Dear Pavan,

Earlier, while recruiting for government services, details of family members other than parents were not required. Nowadays, these details are requested because it has been discovered that anti-national elements are systematically infiltrating government services, posing a threat to national security.

If not the risk from anti-national elements, there is a risk of recruiting antisocial elements.

Disclosure of a Case Under IPC Against Your Father

Regarding your query on disclosing a case under IPC against your father, I recommend you disclose the facts. Withholding this information would be tantamount to "suppression of material facts." If the suppression of 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, there is no need to worry about disclosing the case.

Thanks,

Dinesh Divekar

Even if the case is criminal, will it affect my joining the organization? I am nowhere connected to that case.

Dear Pavan,

As mentioned earlier, currently, 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 can 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 actions do not tarnish your character.

Wish you all the best!

Dinesh Divekar

Understanding IPC Sections 420 and 38

Sections 420 and 38 of the IPC are not crimes of a civil nature. They are related to criminal activity. Section 420 involves fraud/cheating, and Section 38 pertains to a group of people conspiring to commit a criminal activity.

Implications for Job Applications

I do not know what job you are applying for, but if it is considered a sensitive position, they may reject you due to association with cheating cases, unless there is a clear demarcation between you and your father. However, not disclosing the cases is worse because they will find out anyway. When that happens, you are definitely going to be rejected.

Legal Recourse

Being a government job, you can always file a writ petition against the department if they reject you on these grounds. However, this involves a serious amount of money spent on lawyers, so don't jump the gun.

The facts posted are less than convincing. It is inconceivable that particulars as to the criminal antecedents of the specified relatives are sought in the SSQ (form). The revised attestation form (attached) as approved by DoPT does not substantiate the aspects as highlighted.

Dear Sir/Madam,

Kindly disclose everything. Do not hide anything by mistake. I think you are in an intelligence agency. They ask for these names and then check and verify them.

All the best.