The services of the appellant were terminated with effect from 31.12.1994 under Rule 5 of clause 1 of the Temporary Service Rules.
However, he again fell ill and was on leave for several days on medical grounds and was granted leave by the respondents.
While undergoing the prescribed training, the appellant fell down on the parade ground on 07.10.1994.
On 15.11.1994, numberice of termination from service was issued stating that his services shall stand terminated with effect from the date of expiry of a period of one month from the date numberice is received by the appellant.
The appellant was recruited as a Constable in Delhi Police.
On 16.1.1995, the companypetent authority sanctioned leave without pay for his illness from 7.10.1994 to 14.12.1994 after the receipt of the termination order.
The appellant resumed duty on 15.12.1994 after submitting fitness certificate from government dispensary, Gwalior, where he had taken treatment.
The enquiry officer companycluded that acts of the appellant are highly reprehensible and untenable and, therefore, the charge against him stands fully proved.
He remained under treatment of Government Doctors there and sent applications for leave on medical grounds supported with the medical certificates from companypetent medical authorities in accordance with the leave rules.
According to the appellant since the companypetent authority had granted the leave, the question of issuing any charge sheet subsequently for unauthorised absence for the same period would number arise.
The disciplinary enquiry officer served a charge sheet dated 24.02.1996 on the appellant.
The appellant submitted a fresh revision and the mercy petition which were rejected on 02.06.1997 and 27.06.1998 respectively.
After a gap of more than 4 months, the Commissioner of Police reinstated him in service forthwith with the provision that intervening period from 1.1.1995 till he was reinstated will be decided at the time of finalisation of his disciplinary enquiry.
The appellant made representation for reinstatement.
It is further companytended that numberreasonable disciplinary authority would term absence on medical grounds with proper medical certificate from Government Doctors as grave misconduct in terms of Delhi Police Punishment Appeal Rules, 1980 .
The appellant submitted his appeal on 05.07.1996 which was rejected by the 2nd respondent herein.
On 24.07.1995, disciplinary enquiry was initiated against the appellant under Delhi Police Punishment Appeal Rules, 1980 .
Thereupon the appellant filed the writ petition in the High Court which was also dismissed.
The companypetent 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 numberother leave was due to him.
Since his companydition did number improve, his relative took him to his home town in Gwalior.
Being aggrieved, the appellant preferred this Special Leave Petition Appeal.
The appellant approached the Central Administrative Tribunal, New Delhi which also dismissed the A. No.1195 of 1998.
On 25.06.1996, the disciplinary authority imposed the penalty of removal from service on the appellant.
The appellant retained service after reinstatement order dated 25.5.1995.
The enquiry officer submitted his findings on 22.04.1996.
It is further submitted that the decision of companypetent authorities to remove the appellant from service is against the spirit of Rule 8 and 10 of Delhi Police Punishment Appeal Rules, 1980 .
14614 of 2002 Dr. AR.
Arising out of SLP C No.
Thereupon, he was sent to police dispensary as ordered by the Chief Drill Inspector of the parade.
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.
He further submitted that it is a case of absence from duty due to appellants long illness supported by application for leave along with medical certificate by companypetent medical authority of government department followed by fitness certificate which was companyntersigned by the CMO, Gwalior.
Lakshmanan, J. Leave granted.
