Apni Law Staff asked 9 months ago
As a bank employee, I was facing a CBI investigation and was listed as a secondary accused (A2). This delayed my promotions. I applied to become an approver, and the prosecution supported my request. The Special Judge of the CBI Court granted me pardon under Section 5(2) of the Prevention of Corruption Act, 1988, which I accepted. I submitted the court order to my employer but they’re holding back my promotion, saying the case is still ongoing even though I’m now an approver. Is their stand justified? Am I eligible for promotion? What is my legal status in the case – am I considered an accused or a witness now?
Best Answer
Apni Law Staff answered 9 months ago
Your employer’s stand is not justified. As an approver granted pardon under Section 5(2) of the Prevention of Corruption Act, you are no longer an accused but a witness for the prosecution. Your legal status has changed, and you are eligible for promotion. You should formally request your employer to reconsider their decision based on the court order.
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