2014 (1) TMI 1949

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....DGMENT SANJAY YADAV, J. 1. With consent matter is heard finally. 2. Order dated 19.12.2012 is being assailed by the petitioner; whereby, claim of the petitioner for settlement of his wages of suspension period has been rejected on the ground that against the order of acquittal recorded in Special Case No. 1/1999 by Special Judge, Sagar under the Prevention of Corruption Act, First Additio....

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....tion, with a direction that period of suspension will be decided after completion of criminal case. The petitioner thereafter was acquitted of offence under Section 13 (1) (e) and 13 (2) of 1988 Act vide order dated 22.10.2010. Whereafter petitioner filed an application for regularization of suspension period; whereon vide impugned communication the petitioner was informed that since an appeal has....

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.... taken on oath." The definition as apparent is not exhaustive. Therefore, before proceeding can be held to be a judicial proceeding, it must be found that in the course of that proceeding evidence is or may be legally taken on oath. If evidence could not be taken legally on oath it would not judicial proceeding. (Please see Sheo Ram v. State (AIR 1964 Allahabad 290). Furthermore, a criminal procee....

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....g as the initial presumption of innocence gets re-enforced by the orders of acquittal. The contention, therefore, put forth by the respondents that the filing of revision against the judgment dated 12.12.2000 would tantamount to the pendency of judicial proceeding does not reason with the provisions as they stand under law. In the considered opinion of this Court, after acquittal, which lead to an....