TMI Blog2014 (1) TMI 1949X X X X Extracts X X X X X X X X Extracts X X X X ..... l proceeding includes any proceeding in the course of which 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 - With the acquittal the charges of commission of offence gets washed of. A person so acquitted of the charges stand at par with a person who is not being charged and was not subjected to a criminal proceeding. The preferment of a criminal revision or an appeal against an acquittal cannot be regarded as a continuance of the trial and cannot be tre ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of acquittal does not tantamount to judicial proceeding as would prevent the petitioner from claiming his lawful right of wages. 4. Undisputed facts are that, petitioner, a Sub Engineer in Public Works Department was proceeded against for an offence under Section 13 (1) (e) and 13 (2) of Prevention of Corruption Act, 1988. In pursuance whereto the petitioner was placed under suspension by order dated 18.8.1999. The suspension order was later on revoked on 21.3.2013, during pendency of the criminal prosecution, with a direction that period of suspension will be decided after completion of criminal case. The petitioner thereafter was acquitted of offence under Section 13 (1) (e) and 13 (2) of 1988 Act vide order dated 22.10.2010. Whereafter p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e 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 an offence registered leading to the conviction or the acquittal, as the case may be. With the acquittal the charges of commission of offence gets washed of. A person so acquitted of the charges stand at par with a person who is not being charged and was not subjected to a criminal proceeding. 9. The preferment of a criminal revision or an appeal against an acquittal cannot be regarded as a continuance of the trial and cannot be treated to be pendency of judicial proceeding as the initial presumption of innocence gets re-enforced by the orders of acquittal. The contention, theref ..... X X X X Extracts X X X X X X X X Extracts X X X X
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