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.
Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.
.
