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Gujarat HC rules against sacking of talati who has disability (Law & Justice) 21.10.2021

AHMEDABAD: The Gujarat high court on Wednesday rejected the state government’s appeal against the reinstatement of a person with disabilities to the post of talati in Bhavnagar district. He was dismissed from service on the ground that he had obtained a bogus medical certificate to show himself as having more than 40% disability to qualify for the quota for disabled people.

The division bench upheld the decision of a single-judge bench, which had in 2019 quashed the termination order. The single judge accepted the contention by the petitioner, Bhadreshkumar Ramana, that his disability had reduced due to his regular physiotherapy sessions.
A medical certificate of 2003 showed him as having over 40% disability, whereas the medical examination by a board after 2015 stated that he was 25% disabled. The state government submitted that Ramana has residual polio myelitis-left limb, which cannot be treated with physiotherapy. The government said the contention before the single-judge bench that his condition improved because of physiotherapy was wrong.
Ramana was appointed talati in the Talaja block of Bhavnagar in 2010 in the reserved category for people with disabilities. In 2015, the government got an anonymous complaint that Ramana did not have 40% disability. The authorities subjected him to an examination by a medical board, which found him 25% disabled, thus making him ineligible to get reservation. The district collector terminated his services in January 2018. The high court ordered his reinstatement.

In holding that the termination order was wrong, the bench of Chief Justice Aravind Kumar and Justice Mauna Bhatt observed that the government did not institute any inquiry before taking action against Ramana. The high court said that a government employee cannot be dismissed without an inquiry because it amounts to stigmatization.