The accused is a Group A officer of Central Government .He is falsely implicated in a case in the PC Act under section 7 and 13(1)(d) .The case is pending in the trial court and cognizance is not taken by the trial court.
It is understood that there is a presumption that the accused is innocent till the charges are proved against him .
Non Functional Upgradation (NFU):
1. It is a practice that whenever an IAS officer is promoted from JAG to SAG ,then all the Group A officers of Central Government of two years senior batch are granted Non-Functional Up-gradation.(NFU)
2.As per the Civil Services Rules, The NFU granted is purely non-functional up-gradation ,personal to the officer and it does not bestow any right to the officer to claim promotion or deputation benefits based on NFU.
In such a situation can the accused be granted Non-functional Up-gradation along with his batch. Is there any Supreme Court Judgement on the above issue.
You have not mentioned whether the officer facing the PC Act charges is under suspension or not. Generally, such an officer would be placed under suspension. In such a situation, the question of upgradation may not arise.
Please also note that the guidelines also provide that:
“All the prescribed eligibility criteria and promotional norms including ‘benchmark’ for up-gradation to a particular grade pay would have to be met at the time of screening for grant of higher pay-scale under these orders.”
“All instructions concerning grant of non-functional upgradation presently applicable in the case of grant of NFSG to officers of Group ‘A’ Services would apply in the event of penalty, disciplinary proceedings, suspension etc.”
With respect to the question, “How the NFU shall be given in respect of officers given penalty?”, it has been provided that: “The NFU becoming due after the expiry of the penalty period may be granted w.e.f. the due date as per DOPT instructions. In respect of officers for whom NFU becomes due before the expiry of the penalty period, the same may be granted from the day next to the date on which penalty gets over.”
As far as I understand, eligibility criteria may also include vigilance clearance. If so, in these circumstances, it is doubtful whether such an officer would be granted such benefit. So, you may have to dig deeper into the relevant guidelines after obtaining copies of the same from the concerned authorities. If the guidelines permit it but the NFU is still not given to you, then you may have to approach the appropriate court / tribunal.
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