2013 (2) TMI 940 - HC - Indian Laws

Summary

Issues involved:
The issue involves the denial of the benefit of Second Higher Pay Scale to a Junior Engineer based on a criminal prosecution and subsequent acquittal.

Judgment Details:

Issue 1: Denial of Second Higher Pay Scale
The petitioner, a Junior Engineer, was denied the benefit of Second Higher Pay Scale due to a criminal prosecution under the Prevention of Corruption Act, which led to suspension. After being acquitted and reinstated, the petitioner sought the higher pay scale, which was rejected pending an appeal against the acquittal order. The petitioner argued that an appeal against acquittal does not constitute a continuation of the criminal case, thus the benefit should be granted.

Issue 2: Interpretation of Judicial Proceedings
The court analyzed the definition of "judicial proceeding" under Section 2(i) of the Criminal Procedure Code, emphasizing that evidence must be legally taken on oath for a proceeding to be considered judicial. It was clarified that an appeal or revision against an acquittal does not amount to a continuation of the trial, reinforcing the presumption of innocence. The court cited relevant case law to support this interpretation.

Issue 3: Applicability of Circular
The court discussed the applicability of a circular dated 30.6.1994, which outlined procedures for cases involving ad hoc promotions and employees facing criminal prosecution or departmental inquiries. It was noted that the circular did not restrict the grant of promotion based on acquittal in criminal cases. The court agreed with a previous decision that employees acquitted of charges should not be denied benefits based on pending appeals.

In conclusion, the court allowed the petition, directing the respondents to extend the benefit of Second Higher Pay Scale to the petitioner within 45 days, emphasizing that the acquittal should entitle the petitioner to the benefits he was found fit for previously.