Directorate of Education & Anr. v. Mr. Karam Vir Singh Rangi & Ors. - (High Court of Delhi) (11 Jan 2017)

Authorities acting under Persons with Disabilities Act, 1995, have no power like a Court to pass judgment including directions in nature of injunction

MANU/DE/0071/2017

Civil

By present writ petition, Petitioners, including Petitioner no. 1/Directorate of Education impugns order of Chief Commissioner for Persons with Disabilities by which Commissioner of Disabilities has passed various directions against present Petitioners. Directions were passed against present petitioners in view of a complaint filed by six complainants before Chief Commissioner for Persons with Disabilities and which persons have been arrayed as Respondent nos. 1 to 6 in this petition.

Issue in question is no longer res integra and has been decided by Supreme Court in its judgment in case of State Bank of Patiala and Others vs. Vinesh Kumar Bhasin. Supreme Court in its judgment holds that, authorities acting under Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995, have no power like a Court to pass judgment including directions in the nature of injunction, etc.

In view of above, since Respondent no. 7, Chief Commissioner Acting under Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act has no power to pass impugned order, this writ petition is allowed setting aside the same.

Tags : AUTHORITY POWER SCOPE