Forceful compulsory retirement of PLHIV during COVID 19
Subhash Verma Vs Commandent Battalion of Ujjain, W.P. No. 11487/2020 | High Court of Indore | Status: Pending | Covid-19 Response, Greater involvement of people living with HIV (GIPA) |
A PLHIV since 2012, who was appointed as a constable in 1984 is the petitioner. In 2011 he was appointed as a senior constable at the 32nd Battalion Nagjhri Ujjain, he completed a course in Pradhan Aarachak and passed his exam. In a notice dated 23/12/2019 the petitioner was charged with embezzlement and unlawful recovery due to which he was forced and to take compulsory retirement, the order sent explicitly states that he had been suffering from AIDS.
Relevant portion of the order dated 24/06/2020 is as follows:
The petitioner has opposed the charge of embezzlement that have been raised against them, by saying that if he had indeed embezzled the amount from the Super Market, it would have reflected in the bank balance as well. But it neither reflected in the bank balance nor was any property purchased against the said amount. The petition also as two young children, both unmarried. Furthermore the wife of the petitioner is also a PLHIV. The petitioner and his wife are from the lower middle class and have not used a large sum of money, therefore showing that he had not embezzled the said amount of money from the Super Market, neither has he spent it on himself or his family members. Furthermore the petitioner and his wife even get their treatment on credit that has been taken from the respondent. It is pertinent to mention that the amount of which the charges of embezzlement are made out against the petitioner is kept safe with the respondents.