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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH
MICHAEL ZOTHANKHUMA, KAUSHIK GOSWAMI
Union Of India, Represented By The Secretary, Ministry Of Home Affairs – Appellant
Versus
Santosh Kumar – Respondent
ORDER :
M. Zothankhuma, J.
1. Heard Mr. H. Gupta, learned counsel for the appellants, i.e., Union of India and Mr. D. Gogoi, learned counsel for the respondent (writ petitioner).
2. The impugned common judgment and order dated 06.03.2025 passed in WP(C) Nos. 350/2023, 360/2023 is under challenge by way of this appeal.
3. The learned Single Judge, vide the impugned judgment and order dated 06.03.2025, has directed the appellants not to conclude the three inquiry proceedings initiated against the respondent, until and unless the alleged mental illness of the respondent is examined by the Composite Hospital, CRPF, Guwahati, comprising of a qualified psychiatrist and such other qualified medical professionals as deemed necessary. The learned Single Judge held that after the Medical Board of the Composite Hospital, CRPF, Guwahati, undertakes a proper medical examination of the respondent and makes its decision, in terms of Section 20 of the Rights of Persons with Disabilities Act, 2016 (hereinafter referred to as the Act), the petitioner should be allowed to file his reply/representation to the 3 Inquiry Reports in relation to the three Inquiry Proceedings, before the Disciplinary Authori
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....
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.
Disciplinary proceedings against employees with mental disabilities must consider their mental health status to avoid discrimination under the Rights of Persons with Disabilities Act.
The central legal point established is the requirement to consider the mental condition of the petitioner, comply with medical examination requirements, and adhere to principles of natural justice in....
The court affirmed the validity of disciplinary proceedings and the imposition of removal from service for unauthorized absence, emphasizing adherence to procedural safeguards and the appellant's fai....
The court established that disciplinary inquiries must adhere to principles of natural justice, including the examination of witnesses and consideration of an employee's medical condition.
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 established that disciplinary inquiries must adhere to principles of natural justice, requiring evidence presentation and consideration of an employee's medical condition.
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