Supreme Court of India · 2004-03-16
BHAGWAN LAL ARYA vs COMMNR. OF POLICE, DELHI .
- Citation / case number
- SC 2002/11871
- Court
- Supreme Court of India
- Petitioner
- BHAGWAN LAL ARYA
- Respondent
- COMMNR. OF POLICE, DELHI .
- Author
- AR. LAKSHMANAN R. C. LAHOTI
- Bench
- DR. AR. LAKSHMANAN R. C. LAHOTI
Judgment text excerpt
The Supreme Court held that the penalty of removal from service imposed on the appellant, a Constable in Delhi Police, was unjustified as he had been granted leave without pay for his illness, which was supported by medical certificates. The Court emphasized that once leave was sanctioned, subsequent disciplinary action for the same period of absence was impermissible under the Delhi Police (Punishment & Appeal Rules, 1980). The Court set aside the removal order and directed reinstatement, establishing that due process must be followed in disciplinary proceedings.