Acquitted After Criminal Case: Can He Catch Up with Promotions Like His Juniors?

A person was facing 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 fully acquitted him beyond a reasonable doubt. Consequently, he was reinstated into service. Meanwhile, his juniors got promoted up to two levels, namely, from Assistant Engineer to Assistant Divisional Engineer and Divisional Engineer. Can this acquitted person now be given a double promotion on par with his juniors?

Yes, he would be entitled to the promotions due as per the position attained by his immediate junior (the Next Below Rule, NBR).

Dear Shivaprasad, the pertinent point in this case is that the employee was dismissed from service consequent to his conviction in the criminal case instituted by the DVAC. However, 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, upon reinstatement, he shall be promoted two levels above, and his seniority shall be fixed just above his immediate junior.