Supreme Court of India · 2004-03-16
Shri Bhagwan Lal Arya vs Commissioner Of Police Delhi & Ors
- Citation / case number
- AIR 2004 SUPREME COURT 2131
- Court
- Supreme Court of India
- Petitioner
- Shri Bhagwan Lal Arya
- Respondent
- Commissioner Of Police Delhi & Ors
- Author
- Ar. Lakshmanan
- Bench
- R. C. Lahoti, Ar. Lakshmanan
Judgment text excerpt
The Supreme Court held that the disciplinary action taken against the appellant, a Constable in Delhi Police, for alleged unauthorized absence was unjustified as he had been granted leave without pay for the period of his illness, supported by medical certificates. The Court emphasized that the termination of service under Rule 5 of the Temporary Service Rules was invalid since the leave was sanctioned by the competent authority. The Court ordered reinstatement of the appellant, establishing that disciplinary proceedings must respect prior leave approvals and medical justifications.