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PURNENDU SINGH
Rabindra Nath Shukla S/O Late Rajkishore Shukla – Appellant
Versus
Uttar Bihar Gramin Bank – Respondent
JUDGMENT :
Purnendu Singh, J.
Heard Mr. Shashi Bhushan Kumar Manglam, learned Counsel appearing on behalf of the petitioner and Mr. Prabhakar Jha along with Mr. Amitesh Jha, appearing on behalf of the respondent/s.
2. This Court is not carried by the pleadings made in the writ petition or in the counter affidavit. The petitioner is suffering from mental illness, which was detected in medical terms as Bipolar Disorder Hypo-mania. The petitioner was treated at the Mental Hospital, Kanke and fitness certificate was issued on 30.06.1999, giving details that petitioner was admitted on 14.06.1999 for his mental status examination and treatment. The petitioner was discharged from hospital, having been found to resume his duties by the Medical Superintendent, RINPAS, who had certified to that extent by certificate no. C83 dated 30.06.1999. The said fact was considered in earlier round of litigation, which came to an end by the final order dated 26.11.2010 passed by a co-ordinate Bench of this Court in CWJC No.1787 of 2004. In the said order, this Court has taken into consideration the entire mental condition of the petitioner and had passed following orders:-
Disciplinary proceedings against employees with mental disabilities must consider their mental health status to avoid discrimination under the Rights of Persons with Disabilities Act.
(1) A person with a disability is not required to prove that discrimination occurred solely on the basis that they had a disability. Disability needs to be one of factors that led to discriminatory a....
Disciplinary proceedings against individuals with mental illness must consider their condition and provide reasonable accommodations as mandated by the Rights of Persons with Disabilities Act, 2016.
Protection under the RPWD Act is contingent upon having a certified disability of 40% or more; disciplinary actions based on mental illness must follow this criterion.
The court found that individuals with mental disabilities must be treated with accommodations ensuring equal opportunities in education and employment, as protected under the Rights of Persons with D....
The Exemption Notification under Section 20 of the Disabilities Act applies to the respondent, terminating protections based on unestablished mental disabilities during misconduct; Inquiry Proceeding....
Valid benchmark disability certificate with validity period entitles reservation under RPwD Act in direct recruitment, regardless of 'temporary' label; executive instructions cannot override statute ....
Charges of misconduct leading to disciplinary action do not fall under protections for employees acquiring disabilities unless substantiated by proper mental health evaluations.
The court emphasized the necessity of reassessing disability for accommodation in employment, affirming non-discrimination principles under relevant disability laws.
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