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2015 (8) TMI 1579 - MADRAS HIGH COURTEligibility of the 1st respondent, for 1st and 2nd time bound upgradation under EPP of BSNL - direction to place the case of the 1st respondent for consideration by the Screening Committee - HELD THAT:- The 1st respondent was acquitted on merits and that the Court, after considering all the facts, held that there is no cogent and reliable evidence and that the complainant himself was not clear. The Court has further held that averments made by the prosecution cannot be accepted and resultantly, when there was no evidence, the 1st respondent herein is entitled to be acquitted. While that be the clear finding recorded in the judgment, acquitting the respondent, under the premise of appeal, being filed and pending, against the order of acquittal, the 1st respondent cannot be deprived of the time bound IDS scale upgradation, endlessly. Disposal of the appeal may take a long time. The 1st respondent is stated to have retired from service. There is no certainty that the State would be satisfied, even if the appeal in the High Court fails. If the State chooses to prefer a further appeal to the Hon'ble Supreme Court, the Department may again contend that the appeal is pending before the Apex Court - if the arguments of the petitioner have to be accepted, then there is no finality to the judgment of acquittal. In the light of the discussion and decisions considered, the further contention of the learned counsel that Vigilance has not given a clearance, cannot be countenanced. Though by placing reliance on a decision of the Hon'ble Apex Court in Garikapti Veeraya v. N. Subbiah Choudhry [1957 (2) TMI 54 - SUPREME COURT], learned counsel for the petitioner contended that appeal is a continuation of the proceedings and that Vigilance has not given a clearance to the case of the 1st respondent to the Screening Committee, this Court is not inclined to accept the same. The Writ Petition is dismissed.
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