In a compassionate ruling that upholds the dignity of public servants, the Punjab and Haryana High Court has quashed a charge sheet issued against a Haryana Roadways employee who suffered a brain hemorrhage and acquired 70% disability during his service.
Justice Sandeep Moudgil termed the department's action of treating his medical absence as "unauthorized" and rejecting his claim for a supernumerary post as contrary to the "moral and constitutional compass" of service jurisprudence.
The petitioner, Brij Bhushan, had served Haryana Roadways since 1986, rising to the post of Painter.
- The Tragedy: During his service, he suffered a brain hemorrhage which left him with 70% disability, making it impossible for him to perform his duties (standing or walking properly).
- The Department’s Response: Instead of accommodating him, the department issued a charge sheet in October 2024 for "unauthorized absence" when he failed to report for duty due to his condition.
- The Rejection: His request to be retained on a supernumerary post (a special post created to accommodate a disabled employee) was rejected on the technical ground that his disability certificate was "temporary" (valid till 2029) and not "permanent."
The Court’s Verdict: State Must Be a Model Employer
The High Court allowed the writ petition and directed the State to retain the petitioner on a supernumerary post with full pay and benefits until his superannuation.
1. "Temporary" vs. "Permanent" Disability: The Court rejected the State's argument that the disability was temporary. It noted that since the certificate was valid till 2029—the exact year the petitioner would retire—he would effectively be disabled for the entire remainder of his service. Denying benefits on this technicality was held to be unsustainable.
2. Rights of Persons with Disabilities Act, 2016: Relying on Section 20 of the Act and Supreme Court precedents (Kunal Singh v. Union of India), the Bench reiterated that an employee who acquires disability during service cannot be dispensed with or reduced in rank.
"Disability suffered during service calls not for punitive action, but for empathy, accommodation, and institutional support."
3. Quashing the Charge Sheet: The Court quashed the charge sheet for unauthorized absence, observing that penalizing an employee for an absence caused by genuine medical incapacity is arbitrary.
This judgment reinforces the principle that the State cannot abandon its employees when they are most vulnerable. It serves as a stern reminder to government departments that "unauthorized absence" cannot be mechanically invoked against employees suffering from genuine disabilities, and that the Rights of Persons with Disabilities Act overrides internal departmental rigidities.