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march 2004

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.

BHAGWAN LAL ARYA vs COMMNR. OF POLICE, DELHI . · Niyam