Case: Dr. Shishir Kumar Biswas v. State of West Bengal.
Bench: Justice Ravi Krishan Kapur
Disability cannot be the sole ground of removal of a person from a job position.
The Calcutta High Court took this stand when a blind person was removed from the job because of his disability.
This is a clear violation of the rights conferred in persons with disability Act 2016. In this case, a blind professor was removed from his position of departmental head of Bengali Department.
The single bench observed that this was a clear violation of the 2016 Act.Section 20 of the Act says that no person should be discriminated against based on the disability for the matter of employment. The act of the respondents in the case is a clear violation of this section.
The government establishments have to provide proper barrier free environment to employees with disability as per this act. The respondents have done an illegal and discriminatory act which is against the principles of natural justice.
There is no observation in support of the respondents in record.