Kumar Praveen
Asked April 19, 2017

Past records for Employment

  • 1 Answer

I joined Indian coast guard as Asst Commandant in june 2014. I have completed my training. During my probation period I made a mistake of deserting my ship and returned to my home due to my personnel reasons at home. For which a notice has been sent to my home by local police, asking my parents to disclose my whereabouts. My brother sent a reply to which asking mercy for me. But there was no response back. Now I am planning to join central govt job. And if I disclose this past history to my new employer, will my offer stands valid ? 1. How can my new employer know about my past, if I myself do not disclose ? 2. After three years from desertion will I be from all the charges ?

Answer 1

As per Section 25.(1) of Coast Guards Act, 1979 any person subject to this Act, who absents himself aiding desertion from his ship or from the place where his duty requires him to be, with an intention of not returning to such ship or place, or who, at any time and under any circumstances when absent from his ship or place of duty does any act which shows that he has an intention of not returning to such ship or place is said to desert.

You have left your ship when it was harbored and not in transit  but your duty at that time required you to be present on that ship and you remain absent from your place of duty with an intention of not returning so yes, you deserted your post as per Section 25.(1) of Coast Guards Act, 1979. As a result a desertion case is filed against you by Indian Coast Guards.

  • Before every government  job a police verification is initiated by the concerned government department for all the shortlisted candidates their details are sent to respective police station to cross check their criminal background these informations are later sent to LIU under SP office for re-verification, this whole process takes about a month. So your employer will do the same and then he will know about your past case of desertion. However, I would suggest that if you have the option of disclosing this fact you should disclose on your own because in case you do not disclose and it is revealed later, it amounts to concealment of material information and suppression of facts attracting disciplinary action which may result in removal from service.
  • If a desertion case has been filed against you by your Commanding Officer, you can never be free from all the charges unless you are acquitted by the Ld. Coast Guard Court.
  • Agree Comment 0 Agrees over 4 years ago

    Please Login or Register to Submit Answer

    Directory ads
    Need to talk to a lawyer?

    Book a phone consultation with a top-rated lawyer on Lawfarm.