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2004 Supreme(SC) 318

A.R.LAKSHMANAN, R.C.LAHOTI
Bhagwan Lal Arya – Appellant
Versus
Commissioner Of Police Delhis – Respondent


JUDGMENT

Dr. AR. Lakshmanan, J.-Leave granted.

2. The above appeal was filed against the final judgment/order dated 16.3.2002 passed by the High Court of Delhi in C.W.P. No. 6261 of 1998. The main issue relates to the alleged unauthorised absence for 2 months and 8 days for which penalty of removal from service was imposed by the respondents on the appellant.

3. The appellant was recruited as a Constable in Delhi Police. While undergoing the prescribed training, the appellant fell down on the parade ground on 07.10.1994. Thereupon, he was sent to police dispensary as ordered by the Chief Drill Inspector of the parade. Since his condition did not improve, his relative took him to his home town in Gwalior. He remained under treatment of Government Doctors there and sent applications for leave on medical grounds supported with the medical certificates from competent medical authorities in accordance with the leave rules. The competent police authority passed an order on 16.1.1995 sanctioning leave without pay for the period of his illness from 7.10.1994 to 14.12.1994 as no other leave was due to him. According to the appellant since the competent authority had granted the leave, the ques

























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