Employers can’t discriminate against staff with disabilities: Karnataka HC

BENGALURU: Ruling that employers cannot treat those employees with hearing impairment, as they would their other staffers, while deciding on the charges of irregularities against them, the Karnataka High Court set aside orders passed by the various authorities of Syndicate Bank penalising its officer, without giving him an opportunity to engage a lawyer to defend him in the inquiry, as he was hearing-impaired to the tune of 98 per cent. 

Quashing the orders passed by the Disciplinary Authority, Appellate Authority and Reviewing Authority in 2014, against AK Siddalingappa (61), a resident of Kumaraswamy Layout, Justice M Nagaprasanna said that the inquiry proceedings were concluded without providing reasonable opportunity to the petitioner and in haste, and hence, the orders passed against him are not sustainable in law. 

Allowing the petition by Siddalingappa, the court said that the bank has imposed a penalty without permitting him to be defended in accordance with law. It is not a violation of the bank’s rights, it is not a violation of a legal right, “it is violation of the petitioner’s human right”, the court said, while also pointing out that it is against the principle of natural justice.    

The court made it clear that the petitioner is entitled to all consequential benefits that would flow from quashing of the orders including the difference in salary and difference in pension. The bank should recalculate the pension and pay him the difference. The petitioner is also entitled to any promotion that has been denied to him on account of pendency of the dispute, the court ordered.