Upgrad LLM

break in service due to arrest in criminal case

Dear Experts,

  I'm working as a lecturer in a college. Three years back my brother's wife accussed me of rape ( IPC 376,354 & 506). The case was eventually run in the court of sessions and I was acquitted. But I was arrested and was granted bail after almost two months of filing the case. Till then I was in judicial custody.

I have officially communicated  to the institute the case I was going through as soon as I came out of custody and joined the institute. Now, I have applied for half-pay leave for the period of two months. But the institute's lawyer says- the leave  cannot be granted as it was a criminal case and I was in custody during the period. This will create a break of two months in my service. Am I not eligible to avail the leave? Please guide.


no unless and until it not prove ur not guilty then u can apply for payment

u approach court against Ur institution and seek justice .

Do not go against your institution right now they may can dismiss u from the service also by showing reason ur arrested for more then 48 hours for a criminal alligation

Thank you experts.


Your own counsel that has fetched you relief muts have already opined on leave application for the said period, after your acquittal, and break in service as per title of the query.

Your jail term was a situation out of your control.

You have been acquitted.

Usually the leave application is initiated by employee and submitted under proper acknowledgment and leave is sanctioned or declined in writing citing reason and many employers and their attorneys in HR/Personnel/legal cell cite service/conduct and discipline rules in such cases.


Probably you were asked to submit leave application and may be in concurrence with service rules, copy of which must be with you, or IT was verbal direction and principle of ‘No Work NO pay’ was followed.

You have used the terms; ‘saying’ that are verbal.


If you puruse you may get answer in service rules also or the said Lawyer may also cite the provisons of rules to satisfay you, in writing.


You have not spent the period of jail term on job.

The apprehension is that you may not get half pay, from establishment as already informed to you by Lawyer.


You may go thru; Article under my profile and pick up relevant points.

""Teachers can approach educational tribunals to avail cost effective, speedy redressal of grievances and complaints"




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