Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Persons with Disabilities |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 - s.47 r/w s.62 - Jurisdiction of the Commissioner to look into the legality of the order of dismissal from service of a disabled person - Dismissal of appellant-teacher in 2004 : Challenged before the Commissioner u/s. 62 of the Act in 2007 - The Commissioner held that as the appellant was suffering from 40 to 70 % mental disability at the time of dismissal, the order of dismissal was void - Order set aside by High Court - On appeal, held: If it comes to the notice of the Commissioner that a person with disability has been deprived of his rights or that the authorities have flouted any law, rule, guideline, instruction, etc. issued by the appropriate Government or local authorities, the Commissioner is required to take up the matter with the appropriate authority to ensure restoration of rights of such disabled person and/or to implement the Jaw, rule, guideline, instruction if not followed - In the instant case, appellant-teacher was dismissed from service, but the order of dismissal was passed during her mental disability in violation of s.47(1) - In this background, the Commissioner having declared the order of dismissal as void, it was not open to the High Court to interfere with such order and to restore the illegal order of dismissal - The dismissal order also violated rules of natural justice - Direction given to respondent-authority to reinstate the appellant immediately - However, in the peculiar fact-situation, appellant granted arrears of salary w.e.f. 1-2-2008- Respondent-authority may get opinion of Government Doctor to determine the duty to be assigned to the appellant - In case the appellant is not in a position to perform normal duty because of her mental condition, competent authority to apply proviso to s.47(1) - Primary Education Act - s.24 - Gujarat Panchayat Services (Discipline and Appeal) Rules, 1997. |
Judge | Hon'ble Mr. Justice S.J. Mukhopadhaya |
Neutral Citation | 2013 INSC 418 |
Petitioner | Geetaben Ratilal Patel |
Respondent | District Primary Education Officer |
SCR | [2013] 17 S.C.R. 900 |
Judgement Date | 2013-07-02 |
Case Number | 9324 |
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