Supreme Court Lays Down Principles Governing Joint Trials in Criminal Cases under CrPC and BNSS  ||  Karnataka HC: Person Joining Festivals of Another Religion Does Not Violate Rights  ||  Himachal Pradesh High Court: Recovery of Money without Proof of Demand Is Not Bribery  ||  Kerala HC: Cognizance Of Rape u/s 376B IPC Needs Complaint by Separated Wife, Not on Police Report  ||  J&K&L HC: Dealership & Lease Agreements Are Separate Contracts and Disputes Must Be Filed Separately  ||  Calcutta High Court: Unemployment Does Not Excuse Able-Bodied Husband from Maintaining His Wife  ||  Ker. HC: Violating the Procedure for Sampling Contraband u/s 53A of Abkari Act Vitiates Prosecution  ||  Delhi High Court: Students with Less Than 75% Attendance Cannot Contest DU Student Union Elections  ||  Delhi High Court: UGC Cannot Debar a University from PhD Admissions under UGC Act  ||  Delhi High Court: MCD's Higher Property Tax on Luxury Hotels Not Arbitrary    

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  

Share :        

Disclaimer | Copyright 2025 - All Rights Reserved