Reinstatement in army service on acquital by session court but appeal by state pending in high court

viveky rai (Querist) 24 January 2015 This query is : Resolved
Dear Sir,
Is it possible to be reinstated back in service pending appeal against acquittal in HC,When session court has acquitted in a case under 302 rpc/ipc. Case is of an army officer.

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Sudhir Kumar, Advocate (Expert) 24 January 2015
possible

Sudhir Kumar, Advocate (Expert) 24 January 2015
repeated

http://www.lawyersclubindia.com/experts/Reinstatement-in-army-service-on-acquital-by-session-court-but-appeal-by-state-pending-in-high-court-519621.asp

Guest (Expert) 24 January 2015
If exonerated of the charge by the competent court, irrespective of whether the complainant or the department prefers to file an appeal, the department should reinstate the charged officer. Decision to reinstate should not be deferred in wait of the outcome of the appeal, as assumed implication of the appeal in advance has no relevance.