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Supreme Court of India 2021-12-17 allowed

Ravinder Kumar Dhariwal & Anr vs The Union of India & Ors

Bench: 3 — Dr. Dhananjaya Y Chandrachud, Surya Kant, Vikram Nath

In Brief

A Central Reserve Police Force officer with OCD and secondary depression was subjected to multiple disciplinary proceedings after making mental health-related statements. The Supreme Court allowed his appeal, holding that: (1) under the Rights of Persons with Disabilities Act 2016, disability need not be the sole cause of misconduct; showing it as one contributing factor suffices for discrimination claims; (2) the exemption notification does not apply since disciplinary proceedings were challenged before punishment stage; (3) initiating proceedings when misconduct is causally linked to mental disability constitutes indirect discrimination; and (4) the officer is entitled to reasonable accommodation via reassignment to a suitable post with same pay and benefits, excluding firearms duties.

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Disability Rights Employment Discrimination Mental Health Law Constitutional Law Persons with Disabilities Workplace Reasonable Accommodation Disciplinary Proceedings Non-Discrimination Substantive Equality Administrative Law Civil Procedure Human Rights Law Social Model of Disability International Human Rights Law

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