Disability During Service Calls for Empathy, Not Punishment: Punjab & Haryana High Court Quashes Charge Sheet Against Roadways Employee
Court says disability must be met with compassion, not punitive action
Haryana Roadways employee to be retained with full benefits till retirement
By Our Legal Correspondent
New Delhi: January 20, 2026:
In a landmark judgment, the Punjab and Haryana High Court have quashed a charge sheet issued against a Haryana Roadways employee who became disabled during service. The court emphasized that employees who acquire disabilities while serving the state deserve empathy, institutional support, and continued benefits—not punishment. Justice Sandeep Moudgil, while delivering the ruling, underscored that the state must act as a model employer and uphold constitutional values of fairness and humanity.
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This ruling is significant because it sets a precedent for how government departments should treat employees who suffer disabilities during their service. It reinforces the idea that disability is not misconduct and that punitive measures like charge sheets or suspension are unjust in such cases.
Background of the Case
- The petitioner joined Haryana Roadways, Depot Jind, as a Helper Painter in 1986.
- His services were regularized in 1995, and he was promoted to Painter in 2002.
- During his tenure, he suffered a brain haemorrhage and was medically assessed as 70% disabled.
- Despite his condition, instead of providing support, the department issued a charge sheet for unauthorized absence.
- The employee challenged this action in court, arguing that his absence was due to medical incapacity and not negligence.
Court’s Observations
Justice Moudgil made strong remarks about the role of the state as an employer:
- “An employee who has devoted the prime of his life to public service ought not to be met with rigidity at the moment of his greatest vulnerability.”
- Disability during service requires empathy, accommodation, and institutional support, not punishment.
- The court directed the state to retain the employee on a supernumerary post with full-service benefits until his retirement age.
- It also ordered that the employee be given all withheld dues with interest, ensuring financial security.
Why This Judgment Matters
This ruling is not just about one employee—it highlights broader issues of workplace rights and disability inclusion:
- Legal Precedent: It strengthens the rights of disabled employees in government service.
- Humanitarian Approach: It shifts the focus from rigid rules to compassionate governance.
- Policy Implications: Departments must now reconsider how they handle cases of employees who acquire disabilities mid-service.
Disability and Employment Rights in India
The judgment aligns with the spirit of the Rights of Persons with Disabilities Act, 2016, which mandates equal opportunities and protection against discrimination. Key provisions include:
- No employee should be terminated solely due to disability acquired during service.
- Employers must provide reasonable accommodation and alternative roles.
- Disabled employees are entitled to continued salary, benefits, and retirement security.
This case demonstrates how courts are enforcing these principles to ensure justice for vulnerable workers.
Reaction and Impact
Legal experts and employee unions have welcomed the judgment:
- Employee Welfare Groups: They see it as a victory for workers’ rights and dignity.
- Legal Scholars: They note that the ruling strengthens constitutional values of equality and compassion.
- Government Departments: The judgment serves as a reminder that punitive measures against disabled employees can be legally challenged and overturned.
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Broader Lessons for Employers
The High Court’s ruling sends a clear message to all employers, public and private:
- Compassion over Punishment: Disability is not misconduct.
- Institutional Support: Employers must create mechanisms to support disabled workers.
- Fairness in Service Jurisprudence: Rules must be applied with humanity, not rigidity.
Conclusion
The Punjab and Haryana High Court’s decision is a milestone in service jurisprudence. By quashing the charge sheet against a disabled Haryana Roadways employee, the court has reinforced the principle that disability calls for empathy, not punishment. This ruling will likely influence future cases and policies, ensuring that employees who suffer disabilities during service are treated with dignity and fairness.
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