Q: Elaborate the relevancy of citation of Shri Bhagwan Lal Arya vs Commissioner Of Police Delhi & Ors on 16 March, 2004 with present case ?

Ans: Shri Bhagwan Lal Arya vs Commissioner Of Police Delhi & Ors on 16 March, 2004.

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 question of issuing any charge sheet subsequently for unauthorised absence for the same period would not arise. On 15.11.1994, notice 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 notice is received by the appellant. The appellant resumed duty on 15.12.1994 after submitting fitness certificate from government dispensary, Gwalior, where he had taken treatment.
The appellant filed the writ-petition in the High Court which was also dismissed. Being aggrieved, the appellant preferred this Special Leave Petition/Appeal in honourable Supreme Court.
Thus, the present one is a case wherein the honourable Supreme Court is satisfied that the punishment of removal from service imposed on the appellant is not only highly excessive and disproportionate but is also one which was not permissible to be imposed as per the Service Rules. Ordinarily the Supreme Court would have set aside the punishment and sent the matter back to the disciplinary authority for passing the order of punishment afresh in accordance with law and consistently with the principles laid down in the judgment. However, that would further lengthen the life of litigation. In view of the time already lost, we deem it proper to set aside the punishment of removal from service and instead direct the appellant to be reinstated in service subject to the condition that the period during which the appellant remained absent from duty and the period calculated upto the date on which the appellant reports back to duty pursuant to this judgment shall not be counted as a period spend on duty. The appellant shall not be entitled to any service benefits for this period.
Relevancy with our case: 
In the above case, the honourable Supreme Court held considering the principles of natural justice that the medical leave can not be the ground for termination of service. 
In our case also, the BSF personnel fired in bush having the thrilling sensation of patriotism. So, such act can not be the ground of termination of service. 
In a case titled BK Office Needs Private Limited vs Divya Shakthi Granites Limited, the High Court of Andhra Pradesh made significant points in this regard. It stated in its judgement: “The principle underlying the maxim ‘actus curiae neminem gravabit’ is that the act of court should harm no one. 
The said maxim is founded upon the principle of justice and good conscience. Explaining the maxim, the courts have held that where an error was committed by the court the same must be undone by the court.”
Thus , the bsf personnel must be reinstated.

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