Elimination Of A Blind Particular person From The Job Solely On Floor Of Incapacity Violative Of Rights of PwD Act 2016: Calcutta Excessive Court docket
The Calcutta Supreme Court has overturned an order removing a blind professor from Haringhata Mahavidyalaya from the position of head of the Bengali department, mainly due to his physical disability.
A single judicial bank, Ravi Krishan Kapur, found that the July 31, 2017 memo in which the petitioner was removed was in direct violation of the provisions of the 2016 Disability Rights Act.
“Upon reviewing the offending memo, it is evident that, other than physical disability due to blindness, no other reason is alleged in the offending memo that the petitioner was removed as a division head from the Bengali Department in the US-concerned college.
I note that the offending memo also directly violates the three provisions of the Disability Rights Act of 2016, and specifically violates the provisions of Section 20 of that law, “the bank said.
According to Section 20, no state institution may discriminate against a person with a disability in matters of labor law. Every government agency must provide employees with disabilities with reasonable accommodation and an appropriate accessible and empowering environment.
The petitioner in this case, Dr. Shishir Kumar Biswas, alleged that the ground alleged in the contested memo violated his constitutional rights. He also relied on Section 20 of the PwD Act to assert that there could be no discrimination against persons with disabilities in relation to his employment.
He argued that the actions of the respondents’ authorities were illegal and discriminatory, and that the offending memo also violated the principles of natural justice.
The individual bank found that nothing was known to support the actions of the College Management Committee that were criticized.
It therefore revoked the objectionable memo and instructed the authorities questioned to take appropriate steps in accordance with the law.
Case title: Dr. Shishir Kumar Biswas v West Bengal State & Ors.
Click here to download the order
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