Supreme Court - Daily Orders
Ravinder Kumar Dariwal vs The Union Of India on 7 December, 2020
Bench: D.Y. Chandrachud, Indira Banerjee
1
ITEM NO.9 Court 3 (Video Conferencing) SECTION XIV
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
SPECIAL LEAVE PETITION (CIVIL) Diary No(s). 21556/2020
(Arising out of impugned final judgment and order dated 15-11-2018
in WA No. 294/2017 passed by the Gauhati High Court)
RAVINDER KUMAR DARIWAL & ANR. Petitioner(s)
VERSUS
THE UNION OF INDIA & ORS. Respondent(s)
(WITH I.R. and IA No.120610/2020-CONDONATION OF DELAY IN FILING and
IA No.120612/2020-EXEMPTION FROM FILING O.T. and IA No.120848/2020-
APPLICATION FOR PERMISSION )
Date : 07-12-2020 This petition was called on for hearing today.
CORAM :
HON'BLE DR. JUSTICE D.Y. CHANDRACHUD
HON'BLE MS. JUSTICE INDIRA BANERJEE
For Petitioner(s) Mr. Rajiv Raheja, AOR
For Respondent(s)
UPON hearing the counsel the Court made the following
O R D E R
1 Mr Rajiv Raheja, learned counsel appearing on behalf of the petitioners, submits that the documents which have been placed on the record both before the High Court and this Court, would show that the first petitioner has been suffering from OCD which is a mental disorder.
2 The learned Single Judge, it is urged, was justified in requiring the authorities to Signature Not Verified first take a view with regard to the provisions of Section 47 of the Persons with Digitally signed by Sanjay Kumar Date: 2020.12.07 19:38:24 IST Reason: Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act 1995 before proceeding with the disciplinary enquiry. Hence, it was urged that the Division Bench, in appeal, ought not to have relegated the first petitioner to 2 a verification of his mental illness in the disciplinary enquiry. The Act of 1995 has been repealed and a corresponding provision is contained in Section 20 of the Rights of Persons with Disabilities Act 2016.
3 Issue notice on the application for condonation of delay and on the Special Leave Petition, returnable in eight weeks.
4 Dasti, in addition, is permitted.
5 In the meantime, there shall be a stay of the operation of the impugned judgment and order of the Division Bench of the Gauhati High Court dated 15 November 2018 in Writ Appeal No 294 of 2017.
(SANJAY KUMAR-I) (SAROJ KUMARI GAUR)
AR-CUM-PS COURT MASTER