Promotion related issues in criminal case initiated/pending
m.v.prabhakar
(Querist) 03 November 2012
This query is : Resolved
SC issued Procedure in K.V.Jankiraman Case AIR 1991 SC 2010, making it clear that vigilance clearance for promotion may be denied only in three cases. Out of which relevant for the query is " Government Servant in respect of whom PROSECUTION FOR CRIMINAL CHARGE IS PENDING"
I seek opinion from the Ld. experts, what it means and at what stage in the criminal case, this procedure can be invoked for denying the promotion.
Can our experts elaborate this point and provide any case law on this point.
Shall be obliged for the reply.
Regards
Prabhu
R.K Nanda
(Expert) 03 November 2012
search indiankanoon.com
Anirudh
(Expert) 03 November 2012
Instead of asking this type of abstract question,please indicate the exact state in which your case is positioned. After knowing the same, it will be possible to give an answer to your query.
V R SHROFF
(Expert) 04 November 2012
u being CA, [not ur personal legal problem]
Academic Query not entertained here.
Guest
(Expert) 04 November 2012
Dear Prabhakar,
Please state your personal query, not academic type of question. Case law you are quoting yourself. Moreover, only different and specific case laws can be quoted in different types of cases involving different circumstances. So, unless you state your own personal problem and what were the circumstances in which promotion was withheld for want of vigilance clearance, nobody would be able to provide you any case law that can match your own case.
However, for your information, vigilance clearance is sought only when DPC is proposed to be held for consideration of employee for promotion when due. If any employee is under suspension, or charge sheeted, or is facing any criminal case in a court of law at the time of holding of DPC, is denied promotion.
