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march 2004

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.

Shri Bhagwan Lal Arya vs Commissioner Of Police Delhi & Ors · Niyam