TMI Blog2013 (2) TMI 940X X X X Extracts X X X X X X X X Extracts X X X X ..... in consonance with the policy of upgradation introduced by respondents to overcome stagnation in service whereunder two upgradation were permitted on completion of 9/18/25 years of service. However, when the petitioner became entitled for Second Higher Pay Scale the same was not granted because of criminal prosecution launched against the petitioner under Prevention of Corruption Act by Lokayukt, which led to his suspension also. The petitioner was cleared of the criminal prosecution with an acquittal order dated 12.12.2000. Whereafter petitioner was reinstated on 3.1.2001. Petitioner, on reinstatement persuaded the respondent for grant of higher pay scale. Since no heed was paid, petitioner preferred W.P. No. 15568/2008 (s) which was dispo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... evidence is or may be legally taken on oath. The definition as apparent is not exhaustive. Therefore, before proceeding can be held to be a judicial proceeding, it must be found that in the course of that proceeding evidence is or may be legally taken on oath. If evidence could not be taken legally on oath it would not judicial proceeding. (Please see Sheo Ram v. State ( AIR 1964 Allahabad 290). Furthermore, a criminal proceeding is initiated when a criminal law is set at motion against a person on the basis of an information to the police that a person has committed a cognizable offence leading to an investigation into the accusation against the person and filing of report under Section 173 of the Cr.P.C. whereupon an accused is tried of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 1.9.2012. 10. It is held therein- 5. Paragraph 5 of the said circular specified the procedure which is to be followed in case of ad hoc promotion in such circumstances. There is nothing in this circular which restrict grant of promotion. However, while adopting the said circular vide memo dated 13/09/2004 it is already communicated by the respondents board that except the conditions mentioned in paragraph 5(1) to 5(6) of the said circular rest of the circular is made applicable. Meaning thereby the rest of the scheme prescribed in the said circular has to be applied. The first paragraph of the said circular is relating to repeal of the earlier circular and this is not relevant. Paragraph 2 of the circular deals with the procedure to be foll ..... X X X X Extracts X X X X X X X X Extracts X X X X
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