A person was facing the disciplinary proceedings consequent to a Criminal Case pending before the Anti Corruption Bureau (ACB). Upon conviction by the ACB he was dismissed from service. The Appellate High Court thereafter acquitted fully beyond reasonable doubt. So he was reinstated into service. Meanwhile his juniors got promoted upto Two(2) levels viz,., from Assistant Engineer to Assistant Divisional Engineer and Divisional Engineer. Can now this acquitted person be given double promotion on par with his junior.
From India, Hyderabad
From India, Hyderabad
Yes, he would be entitled to the promotions due as per the position attained by his immediate junior (the Next Below Rule) NBR.
From India, Mumbai
1530From India, Mumbai
Dear Shivaprasad,
The pertinent point in this case is that the employee was dismissed from service consequent on his conviction in the criminal case instituted by the DVAC. But on appeal made by him against the conviction, the conviction was set aside and he was honorably acquitted by the High Court. This implies that the conviction by the trial Court and the consequential dismissal of the employee have become non est.
This position entitles the employee to the right of reinstatement with all the attendant employment benefits including promotion.
Therefore, on reinstatement, he shall be promoted 2 levels above and his seniority shall be fixed just above his immediate junior.
From India, Salem
The pertinent point in this case is that the employee was dismissed from service consequent on his conviction in the criminal case instituted by the DVAC. But on appeal made by him against the conviction, the conviction was set aside and he was honorably acquitted by the High Court. This implies that the conviction by the trial Court and the consequential dismissal of the employee have become non est.
This position entitles the employee to the right of reinstatement with all the attendant employment benefits including promotion.
Therefore, on reinstatement, he shall be promoted 2 levels above and his seniority shall be fixed just above his immediate junior.
From India, Salem
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Employee Appraisal Form new.doc