Approach HC by way of writ.
Legal Remedies for Challenging CCPD Orders and Retaliation in Workplace for 90% Blind PwD
Question: Is it possible to file an appeal against an order issued by the Chief Commissioner for Persons with Disabilities (CCPD) under the RPwD Act, 2016 at High Court, or is a writ petition in the High Court the only option? As a person with 90% blindness, I am looking for clarification on the legal process for challenging CCPD orders. Does the RPwD Act, 2016, provide any specific provisions for appeals, or is a writ petition in the High Court the best way forward? Any references or insights on this matter would be helpful. Workplace Discrimination and CCPD’s Role in Addressing Retaliation I am a 90% blind government employee, and during a meeting, a senior colleague called me incapable in front of others. I reported the incident to my reporting authority within 3 days via email, but no action was taken, and no committee was formed. Instead, after 8 months, I was sent on a punitive transfer, which I believe was in retaliation for reporting the incident. I filed a case with CCPD, but their order merely referenced Section 92(a) of the RPwD Act without taking any concrete action. Given this, is there still a chance for me to seek justice, and what legal options do I have at this stage?
Asked 2 months ago in Constitutional Law
First answer received in 10 minutes.
Lawyers are available now to answer your questions.
9 Answers
section 84 of RPWD act provides
For the purpose of providing speedy trial, the State Government shall, with the concurrence of the Chief Justice of the High Court, by notification, specify for each district, a Court of Session to be a Special Court to try the offences under this Act.
Dear Client,
Sorry to hear about your condition.
According to the RPwD Act, 2016, while filing an appeal against any order passed by the Chief Commissioner for Persons with Disabilities (CCPD), the act does not consist of an appellate provision to appeal against the CCPD’s order. Thus, the conventional legal treatment would be to move to the higher court by filing a writ petition under Article 226 of the Constitution of India and praying for judicial review of the CCPD’s decision. This approach is taken when Challenging quasi-judicial orders that do not provide a statutory right of appeal.
A writ petition would enable you to appeal the decision on the different grounds such as illegality, irrationality, or procedural impropriety. The High Court has jurisdiction to consider whether or not the CCPD complied with the law and whether the procedural fairness was complied with or not. CCPD orders are of administrative nature, thus, in case of extreme need you can apply for a writ of certiorari or mandamus depending on the kind of relief you want.
In regards to workplace discrimination and retaliation your rights are protected under the RPwD act especially section 20 that deals with nondiscrimination in employment, However,with 90% blindness, finding employment is still a vital challenge. If the CCPD has not provided sufficient relief, the High Court can be contacted for enforcing your rights and for handling the punitive transfer, perhaps for requesting a stay with regard to the transfer in addition to discrimination and retaliation.
Thank you.Hope this answers your query.
The Commissioner of Central Excise may, of his own motion, call for and examine the record of any proceedings in which an adjudicating authority subordinate to him has passed any decision or order under this Chapter for the purpose of satisfying himself as to the legality or propriety of any such decision or order
A person aggrieved by an order passed by the Chief Commissioner for Persons with Disabilities (CCPD) can file an appeal:
The provisions for appeals are in Chapter VI-A of the Central Excise Act, 1944, Chapter XV of the Customs Act, 1962, and Sections 84, 85, and 86 of the Finance Act, 1994.
The Appellate Tribunal is required to dispose of appeals as quickly as possible, and ideally within six months from the date of filing
- A Writ petition against the said order of the Chief Commissioner for Persons with Disabilities should be file
I’m currently looking for a good advocate who specializes in disability law and can represent cases in the High Court in Karnataka (Bangalore). If you happen to know any reliable and experienced disability lawyers, I’d really appreciate your recommendations. I personally find it challenging to find disability lawyers in India, so your help would mean a lot.
Asked 1 month ago
search in kaanoon .com website for lawyers paractising in Bangalore having food ratings
contact any of them
I can get you petition drafted, rest you can appear in person.
You can look for an expert lawyer from this website too or can approach the bar association of Karnataka high court Bangalore and engage an advocate of your choice
- You can consult of any lawyer of this website for the said services , and also can contact physically as well.