Court: Delhi High Court
Bench: Hon’ble Mr. Justice Chandra Dhari Singh
Case Title: Bhavneet Singh Vs Ircon Internatioal Ltd. through Chairman & MD & Ors.
Case No: W.P.(C) 12404/2022, CM APPL. Nos. 37256/2022 & 10458/2023
Decided on: 15th December 2023
Cases Refered: Net Ram Yadav Vs. The State of Rajasthan & Ors. 2022 SCC OnLine SC 1022
Facts of the Case
The petitioner, an individual with orthopedic disabilities with a 72% locomotor impairment, field this petition under Article 226 of the Indian Constitution, challenging a transfer order issued by IRCON International Ltd. relocating the petitioner from the corporate office to the Chhattisgarh Rail Project.
Alleging non-compliance with the Rights of Persons with Disabilities Act, 2016, the petitioner contended that such a transfer would lead to undue harassment, pose health risks, and deprive him of essential medical care. The petitioner argued that the transfer contravened Articles 14 and 16, as well as the provisions of the Disability Act.
In response, IRCON defended the transfer, citing administrative necessities, professional interests, and the amenities available at the new location. They asserted that the move was not intended to be malicious and even offered additional benefits to the petitioner at the new place of transfer.
Upon careful examination of the reasons presented and consideration of the applicable legal standards, the court ruled that the transfer order violated Article 14 and the Rights of Persons with Disabilities Act. The court underscored the importance of ensuring equal opportunities and suitable accommodations for individuals with disabilities. Consequently, the court set aside the transfer orders, granting relief in favor of the petitioner.
Read the Court Judgement dated 15 Dec 23 below:
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