Real Life legal issue, please help!!
Querist :
Anonymous
(Querist) 30 June 2010
This query is : Resolved
hello all,
I want your advise on a legal issue that has come upto me through a real life situation involving a very near and dear relative of mine. Here is the question-
A government servant, Mr.X was wrongfully arrested while discharging his official duty, was sent to judicial custody for 40 days. His department extended and financed all the legal help, including lawyer's fees and bond for bail. The fact that the ministry, under which the department comes, did not suspend Mr. X and also recruited additional solicitor general for his defence, shows that the his department and the ministry consider Mr. X innocent.
Presently Mr.X, who is out on bail, after being defended by additional solicitor general himself, is facing a problem. The problem is, that though the department expressly considers him innocent, they are unable to decide whether the period spent under judicial custody be treated as period spent on duty or not.
According to me, under the given circumstances the period spent in judicial custody should be treated as period spent on duty and not as extra ordinary leave, as labelling this period as extraordinary leave would be same as taking a punitive action against Mr. X, which he is not liable for. As the fact that he was WRONGFULLY ARRESTED while DISCHARGING HIS OFFICIAL DUTY, and DEFENDED BY ADDITIONAL SOLICITOR GENERAL, and NOT SUSPENDED (as is usually when a government servant is arrested for criminal charges he is suspended), show that he is considered to be innocent by the department, and the department has taken on itself to defend this person.
Please give your legal advise as to how should the 40 days period spent in judicial custody be treated, and if you could back it with case laws or rules and regulations on the same, I would be highly obliged.
Daksh
(Expert) 30 June 2010
Dear Anonymous,
Under no circumstances in absence of any written communique in this regard from the concerned department in my considerate view this period cannot be taken in service. At the best it can be leave without pay.
Best Regards
Daksh
