- (1.) This appeal is directed against the order dated 4th November, 2009 passed by the Division Bench of Gujarat High Court in L.P.A.No. 1988 of 2009 whereby the Division Bench dismissed the said Letters Patent Appeal preferred by the appellant and affirmed the order dated 10th December, 2008 passed by learned Single Judge in Writ Petition-Special Civil Application No. 27730/2007. In the said writ petition the order passed by the Commissioner under Section 62 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (hereinafter referred to as "the Act") in case No. 253/2007 was set aside.
(2.) The main question that arises for our consideration is whether the Commissioner under Section 62 of the Act can look into the legality of the order of dismissal from service of a disabled person, if it comes to his notice that the said person with disabilities has been deprived of his rights.
(3.) The factual matrix of the case is as follows: The appellant who was appointed on 30th July, 1990 as Primary Teacher in Vagara School was transferred to Primary School, Tal.Manda, Bharuch from 18th June, 1999. Thereafter, she proceeded on medical leave from 21st June, 1999 to 30th July, 1999, and remained on leave upto 7th September, 1999. In that respect, she had not produced any type of leave report. Thereafter, from 15th September, 1999, she again remained absent unauthorisedly without producing any kind of leave report.;