• Eligibility of an Approver for departmental promotions

I am a Banker against whom a CBI case was pending in which I was A2. Due to which my promotions were held up. Then I filed a CMP for becoming an approver and prosecution supported my petition and Hon.Spl.Judge of the CBI Court tendered me pardon  u/s 5(2) of The Prevention of Corruption Act, 1988 which was accepted by me. I have submitted the copy of the court order to my employer and requested them to note the same in their records.

I was due for departmental promotion but the bank's vigilance department has not cleared my name for promotion saying that though I was made an Approver the case is still pending in the court.

Whether the bank's stand is correct or whether I am eligible for promotion. What is my status in the case am I an accused or witness?
Asked 2 years ago in Criminal Law from Bangalore, Karnataka
1. Though you have turned approver, technically you are still an accused person.
2. In that context the bank can withheld your promotion till the trial is completed and the accused persons gets convicted resulting in your acquittal.

3. However you may try your luck in the meantime by applying before the CAT.
Devajyoti Barman
Advocate, Kolkata
5231 Answers
54 Consultations
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Irrespective of a criminal investigation/trial pending against any employee.the employer can take disciplinary action as per service rules for any alleged misconduct.  When you turned approver, it is evident that you had a role in commission of offence and admission of guilt. the court may pardon you but the employer is free to take  action.  However bank is obliged to initiate a disciplinary inquiry before any punitive action is taken by it.
H. S. Thukral
Advocate, New Delhi
519 Answers
125 Consultations
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1. Becoming an approver and siding with the prosecution does not absolve an individual of the crime he is alleged to have committed. The criminality can be purged only when the trial officially ends. When the action of bank is tested on the above legal proposition then no fault can found with it. 

2. Hence, bank is legally right by withholding your promotion. You may approach a court of law to challenge the action of bank, but the chances of succcess are very bleak. It is advisable to wait till the culmination of the case. If the bank does not consider you for promotion even after the case ends then you will stand a good chance of succeeding in your legal action in your court. For now wait and watch.
Ashish Davessar
Advocate, Jaipur
18167 Answers
449 Consultations
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1. Promotion can not be demanded, it is awarded,

2. However, you should have been considered for the interview for promotion,

3. I know about a case in a Bangalore based PSU where the officers charged by CBI were given promotion but the Approver, though interviewed for promotion, was not promoted,

4. In the above case senior Managers were involved with the scam who decided about the npromotions,

5. In your case the authority could have kept your promotion order in sealed envelope till the case is disposed of, as per practice.
Krishna Kishore Ganguly
Advocate, Kolkata
12123 Answers
232 Consultations
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though you turn to be approver it only means that your guilt may be pardoned by court as you are acting as witness. but as of now nothing has happened. so wait for acqittal
Avdhesh Chaudhary
Advocate, Greater Noida
565 Answers
20 Consultations
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