GEETABEN RATILAL PATEL versus DISTRICT PRIMARY EDUCATION OFFICER Supreme Court Of India Service Law—Reinstatement—Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act 1995, Section 47(1)—Appellant suffering mental disability—Service terminated for absenteeism—Application by Appellant before Commissioner—Commissioner held that order of dismissal was void as Appellant was suffering from 40 to 70 per cent mental disability—Order challenged by Respondent-Authority—High Court held that Commissioner committed error in setting aside order of termination—Whether Commissioner under Section 62 can look into legality of order of dismissal from service of disabled person, if it comes to his notice that said person with disabilities has been deprived of his rights—Held, sections 47 and 62 empower Commissioner to look into complaint with respect to matters relating to deprivation of rights of persons with disabilities—Power of Commissioner to look into complaints not empty formality—Order of dismissal passed in violation of Section 47(1)—Commissioner correctly declared order of dismissal void—Appellant be reinstated with arrears of salary—Order of High Court set aside—Appeal allowed.
Posted on: Thu, 05 Sep 2013 05:17:05 +0000