DMAI vs

The Supreme Court held that an acquittal under Section 5(2) of the Prevention of Corruption Act on merits entitles the appellant to reinstatement and promotion, as the basis for denying promotion was the prosecution which no longer subsisted. The Court emphasized that while authorities may conduct a departmental enquiry on the same allegations, in this case, the acquittal negated the grounds for the DPC's decision. Consequently, the appellant was granted promotion effective from the date his immediate junior was promoted, along with all consequential benefits.