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KODAKKAL SHIVAPRASAD (officer scale-I)     29 March 2009


 In an High Court judgement, high court website displayes that case was disposed off and status column indicates that case dismissed, but the in the aforesaid case high court order made that petitioner have liberty to approach the appropriate authority under section 59 of disability act, if the case having substance order, can it be treated as dismissed one ?  

As the high court order have a relief to the petitioner inspite getting a direction from the high court, as there have a relief under section 59,then judge informs that further direction is not arise in this case, is this order eligible for write appeal, if appropriate authority already issued instructions under section 59[b] to respondents before filing a suite ?


Please convey your opinion at an earliest, as we have 30 days validity to file further action.


 5 Replies

KODAKKAL SHIVAPRASAD (officer scale-I)     29 March 2009

 Sec.59 reads that : Without prejjudice to the provisions of Sec.58 the Chief Commissioner may of his own motion or on the application of any aggrieved person or otherwise look in to complaints with respect to matters relating to: [a] dedprivation of rights of persons with disabilities.

[b] non-implimentation of laws,rules,bye-laws,regulations,executive orders,guidelines or instructions made or issued by the appropriate government and the local authorities for the welfare and protection of rights or persons with disabilities, and take up the matter with the appropriate authorities.

but in my case Dy.Director General, Ministry of Social Justice & Empowerment Govt.Of India, New Delhi had directed his ministry Director to investigate the matter and do accordingly, therefore Director, Ministry of Social Justice & Empowerment, Govt.of India instructed through his official e-mail id to the concerned bank and banking department to considere the same i.e. promote the person who complained, but no-one is agreed this before we approaching the high court,due to mis-leading our advocate perhaps not placed this e-mail instruction in the high court, hence the writ petition soughted to touch under sec.59.  My advocate further dis-agree that the e-mail sent by ministry is not an executive order or instructions, but as per my knowledge Dy.Director General and Director of a concerned ministry is comes under executives, also the above director himself confirms that his e-mail was an instruction to the bank, therefore i have evidence under sec.59[b], can i file writ appeal under this evidence.  As chief commissioner for disasbilities not interest to intervene in the case even he has instructed to take action against the respondent bank.  

Hence please guide me further, whether the e-mail be an evidence to me for filing writ appeal before high court.

KODAKKAL SHIVAPRASAD (officer scale-I)     01 April 2009

 Dear Prabhakar,

Thank you for the courtesy, however, to considere your suggestion, as my case runned for about a year in high court and disposed off on 11/3/2009, as per the court order to touch appropriate authority under section.59 i.e. chief commissioner for disability is too burden at this stage, as Director, Ministry of Social Justice & Empowerment, Govt. of India already directed the respondent bank before filing writ petition in high court, further it be note here that Chief Commissioner for Disability is comes under the Ministry of social justice & empowerment, govt. of india, therefore is it necessary to consult the lower department inspite i have a direction from their higher authority,please confirm is chief commissioner for disability  appropriate authority ,if there have a direction from his higher ups on the matter to considere my promotion in the bank?  I tried to attach e-mail sent by ministry of social justice & empowerment govt of india to my bank, but it could not be downloaded due to some error in this page.

Hope to suggest further on the eve of  social reactions.

Thank you once again.


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