Case Summary:
Misc. - Permitting sale of errands on PCO booth run by Disabled in light of PCOs becoming obsolete. Complainant harassed by the hospital authorities for selling eatables from the premises of the PCO booth; matter was adjourned sine die by earlier Commissioner as a suit was also filed before Civil Judge in district court.
Directions - Complainant should not be harassed on the ground of disability. Also the Hon’ble Supreme Court of India in Maharashtra Ekta Hawkers Union & anr V/s Municipal Corporation & Ors greater Mumbai in Civil appeal no. 4156-4157 of 2002 has already passed judgement saying Persons with disabilities who were allowed to operate PCOs shall be allowed to continue to run their stall and sell other goods because running of PCOs is no longer viable.
Rules/Acts/Orders:
1. Judgement (2009) 17 SCC 231
2. Hon’ble Supreme Court of India Judgement in Maharashtra Ekta Hawkers Union & Anr V/s Municipal Corporation & Ors Greater Mumbai in Civil appeal no. 4156-4157 of 2002;
Order / Judgement:
In the Court of
State Commissioner for Persons with Disabilities
National Capital
Territory of Delhi
25- D, Mata
Sundari Road, Near Guru Nanak Eye Centre, New Delhi-2
[Vested with
powers of Civil Court under the Rights of
Persons with
Disabilities Act, 2016]
Case No.
4/795/2014-Wel./CD/ 661-62 Dated:
06.06.2017
In the matter of:
Sh. Govind
Ram
Viklang
Stall Gate No. 7
OPD
Block, Pt. Govind Ballabh Pant Hospital
New
Delhi – 110001 ………….Complainant
Versus
The Medical Superintendent
G.B. Pant
Institute of
Postgraduate
Medical Education & Research (GIPMER)
1, J.L.
Nehru Marg,
New
Delhi – 110001. …….……..Respondent
ORDER
A Complaint dated 1.10.2014 of the
above name complaint, addressed to the Hon’ble Prime Minister a person with
more than 40% locomotor disabilities
was received from the office of Chief Commissioner for Persons with Disabilities
vide letter dated 1.11.2014. In the said complaint, it is stated that the complainant and Sh. Lal Singh were running a PCO booth for
the last 20 years at G.B.Pant Hospital. The PCOs were locked and sealed by the
Hospital. These locks were opened on the
direction of Civil Judge Central, Tis
Hazari Court vide order dated 30.08.2016. The complainant inter-alia
alleged harassment by Dr. S.P. Jayant, Medical Superintendent of the Hospital and
Sh. Ram Iqbal chowkidar. The complainant also alleged that they have been
indulging in various corrupt activities and requested to take action against
them and relief for himself.
2. The complaint was taken up with the
respondent who submitted his reply and denied any harassment to the complainant. The respondent also
submitted that the PCO was sealed as the complainant started using the site for
selling eatable goods in the PCO. Further, a Civil Suit filed by the complainant is
pending adjudication in the court of Sh. Anubhav Jain, Civil Judge who had directed
to remove the locks and de-seal the PCO which was compiled with. Therefore the
proceedings before the Commissioner for persons with disabilities should be
dropped.
3. After hearing the parties and
submission of the copy of the order dated 30.08.2014 of Tis Hazari Court in
Suit no. - 690/14 and other relating documents,
the then Commissioner for persons with disabilities adjourned the case
sine-die on 30.11.2015.
4. On perusal of the record in the case
file, it is observed that the complainant has not submitted any
rejoinder/comments on the reply of respondent
though he was advised to do so vide letter dated 01.05.2015. The complainant has not approached this office
thereafter. It is also observed that the matter in the Tis Hazaari Court was
listed for cross examination on 18.05.2015.
5. In the light of the fact that the
matter is already before the Hon’ble Civil Judge, Tis Hazari Court, the complaint in this court is closed. The
respondent shall ensure that the complainant is not harassed by the hospital
authorities on ground of his disability. With regard to the issue of selling
eatables from the premises of the PCO booth,
the attention of the parties is drawn to the following observation of
Hon’ble Supreme Court of India in Maharashtra Ekta Hawkers Union & anr V/s
Municipal Corporation & Ors greater Mumbai in Civil appeal no. 4156-4157 of
2002;
“Physically challenged who were allowed to
operate PCO’s in terms of judgement reported in (2009) 17 SCC 231 shall be
allowed to continue to run their stall and sell other goods because running of
PCO’s is no longer viable. Those who were allowed to run Aarey/Sarita shall be
allowed to continue to operate their stalls”.
6. This observation
has also been quoted in the order dated 30.08.2014 passed by Civil Judge,
Central, Tis Hazari Court.
The matter is
disposed of accordingly
Given
under my hand and the seal of the court this 05th day of June, 2017.
(T.D.Dhariyal)
State Commissioner for Persons with
Disabilities
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