The Chief Commissioner for Persons with Disabilities can issue interim recommendations regarding employee transfers under the Rights of Persons with Disabilities Act, which are binding unless valid reasons for non-compliance are provided.

JUDGMENT :

DEVENDRA KUMAR UPADHYAYA, C.J.

1. Heard learned counsel appearing for the parties.

2. Proceedings of this intra-Court appeal under Clause 10 of the Letters Patent have been instituted taking exception to the judgment and order dated 02.09.2024. passed by the learned Single Judge whereby, W.P.(C) 11104/2024, filed by respondent no.1/National Power Training Institute has been allowed and the order dated 02.08.2024, passed by the Chief Commissioner for persons with disabilities (hereinafter referred to as the ‘CCPD’) to the extent, it directed respondent no.1 to keep the transfer order of the appellant in abeyance, has been set aside.

FACTS

3. The appellant, who is working as a Deputy Director (T/F) with respondent no.1, is a person suffering from Locomotor Disability and is diagnosed as a case of Post Polio Residual Paralysis. He has been certified by the appropriate authority of the Department of Empowerment of Persons with Disabilities, Ministry of Social Justice and Empowerment, Government of India to have 70% Permanent Disability in relation to his left leg as per the guidelines issued for the purposes of assessing the extent of disability under the Rights of Persons with Disabilities Act, 2016 (hereinafter referred to as the ‘2016 Act’).

4. By means of an order dated 19.06.2024, the appellant was transferred from Corporate Office of respondent no.1 at Faridabad to its Eastern Zone Office at Durgapur in public interest. Pursuant to the said order of transfer dated 19.06.2024, a relieving letter was also issued to the appellant on 02.07.2024, directing him to submit his joining at Durgapur.

5. The appellant filed a complaint on 21.07.2024/22.07.2024, with the CCPD under Section 75 of the 2016 Act, alleging therein that he has been subjected to frequent transfers which reflected mala fide and which amounted to harassment to a person with disability (hereinafter referred to as the ‘PwD’) at the hands of his employer. Notices were issued on the complaint instituted by the appellant to respondent no.1 and on hearing, orders were reserved on 30.07.2024 to be pronounced at a later date. However, on 02.08.2024, CCPD passed an order directing respondent no.1 to keep the transfer order in abeyance till the matter was pending before the CCPD. By the order dated 02.08.2024, the CCPD also directed respondent no.1 to furnish certain information/documents.

6. Feeling aggrieved by the order dated 02.08.2024, respondent no.1 instituted W.P.(C) 11104/2024, which has been decided by the learned Single Judge by means of the order under challenge herein dated 02.09.2024. As observed above by the order dated 02.09.2024, the learned Single Judge has set aside the operative portion of the order dated 02.08.2024, passed by CCPD whereby, it was directed that the transfer order of the appellant shall be kept in abeyance. It is this judgment and order dated 02.09.2024, which is under challenge in these proceedings of the letters patent appeal.

ISSUES

7. On the basis of pleadings of the respective parties available on record and also having considered the respective submissions made by learned counsel representing the parties, the issues which emerge for consideration of this Court are: -

(a) What is the extent of powers and jurisdiction of CCPD under Section 75 read with Section 76 of the 2016 Act and as to whether, such powers vested in the CCPD permits it to interfere in the service- related matters such as a transfer order concerning an employee with disability.

(b) As to whether, the order passed by CCPD in exercise of its powers and functions under Section 75 read with Section 76 of 2016 Act is binding on the authority to whom the order is made or it is only recommendatory in nature.

(c) As to whether, while considering/adjudicating any complaint made by it under Section 75 of 2016 Act, CCPD can issue and interim directions.

ARGUMENTS ON BEHALF OF THE APPELLANT

8. Taking strong exception to the judgment under challenge herein passed by the learned Sin