Amar Ujala Bureau, New Delhi
Published by: Kuldeep Singh |
Updated Saturday, 18 December 2021 02:31 AM IST
The apex court ruled that taking disciplinary action against a mentally handicapped employee was discriminatory and a violation of the law. Initiating disciplinary action against the disabled is an aspect of indirect discrimination. These individuals are entitled to protection under the Disability Rights Act (RPWD).
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The Supreme Court has ruled that protection should be provided under the Mental Illness Rights Act
The bench comprising Justices DY Chandrachud, Justice Suryakant and Justice BV Nagaratna held that the disciplinary action taken against the mentally handicapped employee was discriminatory and violated the provisions of the law. The Supreme Court accepted the appeal of Central Police Force Assistant Commandant Ravinder Kumar Dhariwal.
He faced trial and suspension for allegedly using unparliamentary language by appearing in front of television channels and other print media without prior permission.
Alleged misconduct towards the Deputy Commandant. The bench stated in the medical history of the appellant that he was suffering from obsessive compulsive disorder and depression in 2009 and was classified as permanently disabled with 40 to 70 per cent disability.
“Mental disability reduces the ability to adhere to office standards compared to people with disabilities,” the bench said. Such people are more likely to suffer and be subjected to disciplinary action. Therefore, initiating disciplinary action against the mentally handicapped is a matter of indirect discrimination.
Although the appellant was found ineligible for his current job, the bench quashed the disciplinary action against him stating that he was entitled to protection under the RPWD Act. When reappointing the appellant to an alternative post, the Supreme Court ordered that, if necessary, the pay, wages and conditions of service be maintained.