Disabled
employee can’t be sacked: SC
New Delhi: In a significant judgement,
the Supreme Court today held that the services of a
government employee could not be dispensed with on the
ground of disability suffered by him during the period
of service. “The disability incurred during the service,
by an employee, cannot be made a ground for terminating
his services,” the court said.
The
court added that in fact the government was under an
obligation to adjust such an employee against a post
where his services could be utilized keeping in view
his disability. In case no such post was available,
a super-numerary post should be created to accommodate
such an employee, the court said.
A
Bench comprising Mr. Justice Shivaraj V. Patil and Mr.
Arijit Paysat handed down the ruling on an appeal by
one Kunal Singh. The appeal was directed against the
Himachal Pradesh High Court dismissing his petition
against the termination of his services on the ground
of disability.
Kunal
Singh was employed as a constable with the Special Security
Bureau (SSB) at Kullu in HP. He sustained an injury
in his leg, while on duty, which developed into a gangrene.
As a result his leg had to be amputated. The SSB invalidated
him from the service on this plea.
Source: The Tribune
Date: 14th February 2002
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