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2009 (11) TMI 986 - HC - Indian Laws

Issues involved: Appeal against the order of reinstatement of a primary teacher terminated due to mental disability under Section 47 of the Persons with Disabilities Act, 1995.

Summary:
The appellant, a primary teacher, was terminated due to mental disability after being absent from duties without sanctioned leave. The Commissioner of disabled person, u/s 47 of the Act, ordered reinstatement based on evidence of 40-70% mental disability. The respondent challenged this order in a Special Civil Application, which was allowed by the Single Judge due to the appellant's prolonged absence and failure to respond to notices. The appellant's advocate argued disability as the cause for absence, but admitted lapses in presenting necessary documents. The Court found no merit in the appeal and rejected it.

Key Points:
- Appellant terminated for mental disability and absenteeism without sanctioned leave.
- Commissioner ordered reinstatement u/s 47 of the Act based on evidence of mental disability.
- Respondent challenged the order in a Special Civil Application, which was allowed by the Single Judge.
- Appellant's advocate cited disability as the reason for absence but admitted lapses in presenting necessary documents.
- Court rejected the appeal, finding no merit for interference.
- Civil Application disposed of due to the dismissal of the Letters Patent Appeal.

 

 

 

 

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