In the Court of Commissioner for Persons with
Disabilities
National
Capital Territory of Delhi
25-
D, Mata Sundari Road, Near Guru Nanak Eye Centre, New Delhi-2
Phone-011-23216002-04,
Telefax: 011-23216005, Email: comdis.delhi@nic.in
[Vested with powers of Civil
Court under the Persons with Disabilities
(Equal Opportunities,
Protection of Rights and Full Participation) Act, 1995]
Case No. 4/1334/2016-Wel./CD/ 2619-20 Dated:
05.04.2017
In
the matter of:
Sh. Chander Pal Singh,
H.No. 1143, MS Old Type -2,
Timarpur,
Delhi – 110054 .……… Complainant
Versus
The Director,
Directorate of Education,
Old Sectt., Delhi-110054. ……...…Respondent
Present: Sh. Chander Pal Singh,
Complainant.
Smt.
Somya Gupta, Director(Education) on behalf of Respondent.
Date
of hearing: 29.03.2017
ORDER
Sh. Chandra Pal Singh, a
person with blindness submitted a complaint dated 08.07.2016 to this
Court. He submitted that he was working
a Vice-Principal and was Head of School upto 02.07.2016 in Sarvodaya Bal
Vidyalaya (SBV), Timarpur. He was
transferred to GOC without his consent on 01.07.2016. His name was also removed from the computer
without relieving him. Because of this, he is getting harassment and if the
situation continues he will also face financial hardship. He, therefore, requested that his transfer
from SBV Timarpur be stayed. A copy of
the complaint was also received from the Office of the Chief Commissioner for
Persons with Disabilities vide their letter dated 11.07.2016.
2. The complaint of Sh. Chandra Pal Singh was taken up with the
Directorate of Education, GNCT of Delhi vide communication dated 16.08.2016 and
an action taken report was sought by 26.08.2016, followed by reminders dated
10.10.2016 and 15.11.2016. As the action taken report was not received,
a hearing was scheduled on 26.12.2016.
Office of the Dy. Director(Education), District (North) vide letter
dated 12.02.2017 informed that on the basis of a complaint against Sh. Chandra
Pal Singh, Vice Principal, he was transferred and was asked to report to
Gazetted Officer Cell (GOC)/DOE(HQ).
Later on an inquiry was instituted under the chairpersonship of the Dy.
Director Education (North) which was conducted on 28.07.2016 by the District
Office and the financial irregularities were reported to the Directorate with
the recommendation to hold a special audit of the School. A special audit was conducted by the Audit
Branch of Directorate of Education from 22.08.2016 to 26.08.2016. It is further
stated that a show cause notice was issued to the complainant by Special
Director(Vig.) on 10.11.2016 to which he submitted reply on 23.11.2016. The Dy.Director(Education), District North further submitted that the reply
submitted by Sh. Chandra Pal Singh was under examination and further action
shall be taken in accordance with CCS (Conduct )Rules. His pay however has been
adjusted from SBV, Sham Nath Marg.
3. The Dy. Director Education, North vide
letter dated 18.02.2017 informed that the case of financial irregularities
against the complainant was pending in the Head Office. Therefore, they are
unable to take any decision regarding his representation for posting to SBV
Timarpur and requested for rescheduling the hearing after one month. During the hearing on 21.03.2017, the
complainant expressed concern about too much time being taken to take action on
the inquiry report. The respondent was,
therefore, given another opportunity to be present on 29.03.2017 for
hearing.
4. In response to the proceedings dated
21.03.2017, the respondent submitted a copy of letter No. F.
23/Trf./posting/2015/Edn./GOC/3837 dated 28.03.2017. As per the said letter, the complainant while
working as Head of Office / DDO in SBV Timarpur had withdrawn Rs. 3,50,000/-
without any details / bills and without seeking approval of the competent
authority and without the knowledge of the cashier of the school and SMC
Members regarding the work to be done through VKS funds. Being Head of Office, he was authorised to
utilise amount of Rs. 50,000/- only.
Subsequently, an Inquiry Committee was constituted to observe the
irregularities for withdrawal of Rs. 3,50,000/- with the prior approval of the Director
(Education). Further, Director
(Education) ordered his transfer from SBV Timarpur and he was posted to GOC
(HQ), which is also near to his residence.
As regards his disbursement of salary, he has been posted in Sarvodaya
Vidyalaya, Sham Nath Marg-1207107 vide
order dated 22.09.2016 for pay purpose, which is also near to his
residence. The final outcome of the
inquiry was yet to be received.
5. During the hearing on 29.03.2017, the
respondent clarified that the complainant has not so far been issued any
charge-sheet and he had also not been suspended. They also stated that the post
of Vice Principal in SBV Timarpur School is vacant and the question of his
transfer to a school can be considered only after the decision of inquiry.
6. It is observed that though the
complainant has started receiving his salary yet he is not able to discharge
the duties of the post he holds as he is attached to GOC. It is also observed that the respondent had
initiated action on 30.06.2016 by transferring him to GOC. He has also submitted the reply to the Show
Cause Notice on 25.11.2016 and has not been communicated the decision so far
causing him mental tension as has not
been assigned any work and the outcome of the inquiry is not known.
7. The complainant’s contention as also
mentioned in his letter dated 10.03.2017 is that the special audit in
connection with the financial irregularities was conducted during 22.08.2016 to
26.08.2016 and the inquiry was also completed by the department on 26.08.2016.
So, there is no technical issue for changing his present posting from SBV
Timarpur. He further contends that the
place he has been shifted is crowded and there are chances of accidents due to
his blindness, whereas the SBV Timarpur is just behind his residence. He alleges that his opponents have falsely
fabricated the charges. He, therefore,
requests that he should be posted to SBV Timarpur as soon as possible.
8. In the facts and circumstances of the
case, it would be in the fitness of things to post the complainant preferably
to a school close to his residence including SBV, Timarpur as per the policy
and assign him the work of the post he is holding. The inquiry may also be finalised within the
prescribed time limit. Action taken
report be submitted to this Court by 18.04.2017.
The matter is disposed of accordingly.
Given
under my hand and the seal of the Court this 05th day of April, 2017.
Commissioner for Persons with Disabilities
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