Government employees, who were charged with corruption or other criminal cases but later acquitted by courts, will get promotion even if an appeal is pending against such decisions in higher courts, as per new rules formed by Personnel Ministry.
The directive follows as the Ministry was receiving references seeking clarification with regard to the course of action in cases where the government servant is acquitted by trial court but an appeal against the judgment is either contemplated or has been filed.
The matter has been examined with Department of Legal Affairs and it is decided that in cases where the recommendation of Departmental Promotion Committee (DPC) has been kept in sealed cover solely on account of pendency of the criminal case, the sealed cover may be opened in case of acquittal of the government servant provided it has not been stayed by a superior court.
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“In the order of promotion a mention may however be made that the promotion is provisional subject to the outcome of appeal that may be filed against the acquittal of the government servant.
“The promotion thus will be without prejudice to the action that may be taken if the judgement of the trial court acquitting the government servant is set-aside,” the rules said.
In case on appeal the government servant stands convicted, then the provisional promotion shall be deemed ‘non est’ (does not exist), it said.
“In case of the government servant being sentenced to imprisonment exceeding 48 hours, he will be deemed to be under suspension,” the rules said.