Section 20 of the RPwD Act states that no government establishment shall discriminate against any person with a disability in matters relating to employment. The disabled employee also has a right to reasonable accommodation and to access a workplace without barriers. It further provides that no disabled employee shall be terminated, reduced in rank, or denied promotion because of the disability. It specifically provides that no government establishment shall discriminate against any person who has acquired a disability in any matter relating to employment.
Disability should be one of the factors that led to the institution of disciplinary proceedings against charge of misconduct.
Section 20 (4) of the RPwD provides thus:
“(4) No Government establishment shall dispense with or reduce in rank, an employee who acquires a disability during his or her service:
Provided that, if an employee after acquiring disability is not suitable for the post he was holding, shall be shifted to some other post with the same pay scale and service benefits:
Provided further that if it is not possible to adjust the employee against any post, he may be kept on a supernumerary post until a suitable post is available or he attains the age of superannuation, whichever is earlier.”
That Sub-Section (4) of Section 20 of the RPwD advances the guarantee of reasonable accommodation to persons with mental disabilities. The Government establishment has a positive obligation to shift an employee who acquired a disability during service to a suitable post with the same pay scale and service benefits. The provision further states that if it is not possible to adjust the employee against any post, he may be kept on a supernumerary post until a suitable post becomes available or when they attain the age of superannuation, whichever is earlier.
Section 3 of the RPwD Act provides thus:
“3. Equality and non-discrimination.—
(1) The appropriate Government shall ensure that the persons with disabilities enjoy the right to equality, life with dignity and respect for his or her integrity equally with others.
(2) The appropriate Government shall take steps to utilise the capacity of persons with disabilities by providing an appropriate environment.
(3) No person with disability shall be discriminated on the ground of disability, unless it is shown that the impugned act or omission is a proportionate means of achieving a legitimate aim.
(4) No person shall be deprived of his or her personal liberty only on the ground of disability.
(5) The appropriate Government shall take necessary steps to ensure reasonable accommodation for persons with disabilities.”
Section 3 of the RPwD Act provides a general guarantee against non-discrimination and equality to persons with a disability.