Hi, 1. Yes, the RPWD Act confers the powers of civil court upon SCPD/ CCPD for enforcing attendance of witnesses, calling for documents, inspection of records etc.
2. There is no mechanism of appellate authority after the SCPD/ CCPD provided. The Act provides that the respondent authorities have to either implement the order of the Commissioner or submit reasons to Commissioner with a copy to complainant for not implementing the order within a period of three months. Any party can approach High Court if not satisfied with the order. 3. Can the High Court or Supreme Court directly be approached by filing a Writ/ PIL? There is no bar in approaching High court or Supreme Court under writ jurisdiction directly. However, it is always advisable to explore the Commissioner's court since the petitioner has to show to the HC as to what platforms he has explored for his/her grievances and whether remedy under the RPWD Act was explored. Also many a times the Judges of the High Court either may be too busy or may not be aware of the specific technicalities of the RPWD Act and rules made thereunder and unless lawyers are smart enough, the resulting order of the court may not be the right one or the expected one. Hope it helps. Regards Subhash Chandra Vashishth Adv. On Tue, 9 Jul 2019 at 10:58, Asudani, Rajesh <[email protected]> wrote: > Answer to point 3 is yes. > > I don't know the first two. > > > -----Original Message----- > From: AccessIndia [mailto:[email protected]] On > Behalf Of Narendra Sathe > Sent: 08 July 2019 11:43 > To: AccessIndia: a list for discussing accessibility and issues concerning > the disabled. > Subject: [AI] Compitant authority for filing grivances by disabled person > > Dear All > > As the subject line states I have the following queries relating to filing > grivances by aggrieved disabled person and I request the list members to > resolve them. > > 1. As RPWD act confers the powers of civil court upon SCPD/ CCPD is it > required to first file any grievance with SCPD/ CCPD > > 2. Where will the appeal from SCPD/ CCPD be filed ? > > 3. Can the High Court or Supreme Court directly be approached by filing a > Writ/ PIL? > > Regards > > Narendra > > > Search for old postings at: http://www.mail-archive.com/[email protected]/ To unsubscribe send a message to [email protected] with the subject unsubscribe. To change your subscription to digest mode or make any other changes, please visit the list home page at http://accessindia.org.in/mailman/listinfo/accessindia_accessindia.org.in Disclaimer: 1. Contents of the mails, factual, or otherwise, reflect the thinking of the person sending the mail and AI in no way relates itself to its veracity; 2. AI cannot be held liable for any commission/omission based on the mails sent through this mailing list..
