Removal Of A Blind Person From The Job Solely On Ground Of Disability Violative Of Rights of PwD Act 2016: Calcutta High Court

The Calcutta High Court has set aside an order removing a blind Professor from the position of Head of the Bengali Department by the Haringhata Mahavidyalaya, primarily on the ground of his physical disability. A Single Bench of Justice Ravi Krishan Kapur noted that the memo dated 31st July, 2017, whereby the petitioner was removed, is in direct violation and contravention of the provisions of the Rights of Persons With Disabilities Act, 2016. "On a perusal of the impugned Memo it is evident that save and except physical disability on the ground of eye blindness, there is no other ground alleged in the impugned Memo whereby the petitioner has been removed as Departmental Head from the Department of Bengali in the concerned college. I find that impugned Memo is also in direct violation and contravention of the 3 provisions of the Rights of Persons With Disabilities Act, 2016 and particularly violative of the provisions of Section 20 of the said Act," the Bench said. Section 20 provides that no Government establishment shall discriminate against any person with disability in any matter relating to employment. Every Government establishment shall provide reasonable accommodation and appropriate barrier free and conducive environment to employees with disability. The Petitioner in this case, Dr. Shishir Kumar Biswas had submitted that the ground alleged in the impugned Memo is violative of his constitutional rights. He also relied on Section 20 of the PwD Act to contend that there can be no discrimination against any person with any disability in any matter relating to his employment. He argued that the acts of the Respondents authorities are illegal and discriminatory and the impugned Memo is also in violation of the principles of natural justice. The Single Bench observed that there is nothing on record to support the impugned actions taken by the Managing Committee of the college. It thus set aside the impugned memo and directed the Respondent-authorities to take appropriate steps in accordance with law. Case Title: Dr. Shishir Kumar Biswas v. State of West Bengal & Ors. Click Here To Download Order Read Order

Removal Of A Blind Person From The Job Solely On Ground Of Disability Violative Of Rights of PwD Act 2016: Calcutta High Court

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