Promotion cannot be denied after acquittal on merits when the disciplinary basis no longer survives.

An employee's promotion could not be denied where the criminal acquittal was on merits and the contemplated departmental enquiry was ultimately dropped. The Departmental Promotion Committee had relied on the prosecution and related disciplinary proceedings, but once the acquittal removed the underlying basis for adverse consideration, the same material could no longer justify withholding promotion. In such circumstances, the service stigma was treated as having ceased to survive, and denial of promotion was held unlawful. The employee was entitled to promotion from the date his immediate junior was promoted, together with consequential benefits.

---

---

Issues: Whether the appellant's promotion could be denied on the basis of a prosecution and contemplated departmental enquiry when the criminal acquittal was on merits and the enquiry was ultimately dropped.

Analysis: The record showed that the Departmental Promotion Committee relied on the prosecution under Section 5(2) of the Prevention of Corruption Act and the related departmental enquiry. The acquittal of the appellant was found to be on merits, not on technical grounds. Once the foundation for adverse consideration had disappeared, the same material could not justify overlooking his promotion. Where the acquittal is on merits, the service blot is treated as removed and the basis for disciplinary stigma does not survive.

Conclusion: The denial of promotion was illegal. The appellant was entitled to promotion from the date his immediate junior was promoted, with all consequential benefits.

Ratio Decidendi: An employee whose criminal acquittal on merits removes the very basis of adverse consideration cannot be denied promotion on the strength of the same charges or a dropped departmental enquiry.

---