1997 to
11/08/2000, as the respondent had not been fully exonerated in
the departmental proceedings, as per FR 54(4), he was held ... Thus, it is not a case where the respondent has been fully
exonerated. Hence, the action of the petitioners cannot be held to
be unjustified
honourable. The expressions „honourable
acquittal‟ „acquitted of blame‟ „fully exonerated‟ are unknown
W.P.(C) No.6645/2015 & CONN.MATTERS Page
been dismissed, removed or compulsorily
retired from service had been fully exonerated, the employee
shall be paid the full salary and allowances to which
criminal prosecution on the merits
of the case or is fully exonerated in the
departmental proceedings, the ad-hoc promotion
already made may be confirmed
state, the note dated 23.06.2009, far
from indicting the petitioner has fully exonerated him on two
counts. Firstly, that the complaints being anonymous could
servant. Whereas in the instant case,
the Officer has not been fully exonerated of the
charges/allegations and penalty of CENSURE has
been imposed
Court observed that the expressions
„honourable acquittal‟ „acquitted of blame‟ and „fully
exonerated‟ are unknown to the Code of Criminal Procedure or
the Penal Code
case,
the petitioner, retired from service on 29.11.2013, after he was
fully exonerated on 04.05.2006. Therefore, having regard to
the fact that criminal proceedings ... already come to an end; in which, the petitioner has been
fully exonerated."
11. As per sub- Section 1 of Section
given benefit of doubt by the criminal court and
was not fully exonerated.
10. We are mindful of the following observations of the Apex
Court ... consequential benefits on the plea that the petitioner has not
been fully exonerated by the criminal court, because the
requirement
level. If on finalization of
the disciplinary proceedings, the officer is fully exonerated,
he will be entitled for promotion to the NFSG from the date
