Haribhau Bhaiyasaheb Kakde v. the State of Maharashtra and Others
Case brief
What is this about?
RPwD Act 2016 disability certificate re-verification; UDID card validity and Swavlamban portal; benchmark disability 40% threshold; S.56 S.57 S.59 S.91 RPwD Act; Maharashtra State Rights of Persons with Disabilities Rules 2024 Rule 8; Zilla Parishad teachers suspension quashed; moral turpitude and compulsory retirement; Article 14 arbitrariness; State of U.P. v Ravindra Kumar Sharma (2016) 4 SCC 791; FCI v Jagdish Balaram Bahira (2017) 8 SCC 670; Ram Prakash Kharlwa Rajasthan High Court; one-time medical re-assessment; special Medical Board; show cause notice; 120-day timeline; Section 91 punishment for fraudulent availing.
What did the court decide?
All writ petitions partly allowed: impugned orders of suspension, stoppage of salaries, FIR-registration directions, cancellation of approvals/Shalarth IDs, disciplinary orders and transfers issued during the medical re-verification/re-assessment exercise quashed and set aside, subject to the Court's regulatory framework in Paragraph 97 (four-category graded action, special Medical Board requirement, 120-day completion, refusal-consequence and apology/VRS provisions); S.91 action withheld for present cases but applicable prospectively.