Saturday, August 26, 2017

Ms. Rama Sharma Vs. The Chairman, DSSSB | Case No. 4/1125/2015/Wel./CD/1601-02 | Dated:25.08.2017

Case Summary:

Rama Sharma Vs. Delhi Subordinate Services Selection Board

Atrocities: Complainant, a person with blindness submitted that her husband, also a person with blindness, was mistreated and manhandled when he went to the office of the respondent for document verification. During the course of the proceedings, the respondent informed that the allegations made by the complainant had been forwarded to the concerned branch and they were waiting for the coming report. Complainant’s husband later stated that the purpose of filling the complaint was to send a message to the concerned officers about treating persons with disabilities with dignity, and that he and his wife did not wish to pursue the matter and that the complaint may be closed.
Court pointed out various provisions of the Rights of Persons with Disabilities Act 2016 which would have been applicable in this case had the complainant wished to pursue the complaint before closing the case. 


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
Phone-011-23216002-04, Telefax: 011-23216005, Email: comdis.delhi@nic.in
[Vested with powers of Civil Court under the
Rights of Persons with Disabilities Act, 2016]

Case No. 4/1125/2015/Wel./CD/1601-02                          Dated:25.08.2017

In the matter of:

Ms. Rama Sharma
D/o Sh. Jeev Lal Sharma
G-4/17-18, Sector-16, Rohini
Delhi-110089                                                      ................ Complainant

                                          Versus                         

The Chairman
Delhi Subordinate Services Selection Board
FC-18, Institutional Area,
Karkardooma
Delhi-110092                                                     ………...…Respondent
  
ORDER

The above named complainant, a person with blindness vide a complaint dated 23.09.2015 inter-alia submitted that as she was unable to personally go to the office of the respondent for document verification on 09.09.2015, her husband Sh. Dharma Raj Kumar who is also a person with blindness visited that office.  The concerned official misbehaved with her husband and asked the guard to throw him out of the office in front of many other people. 

2.      The complaint was taken up with the respondent vide communication dated 21.10.2015 followed by a reminder dated 20.11.2015.

3.      The respondent vide letter dated 17.12.2015 submitted that the result of special education teacher was under process and the representation of the complainant had been examined.  The documents submitted by the candidates shall be considered while processing the result.  Subsequently, vide letter dated 30.11.2015, Deputy Secretary(Admin.) informed that the allegations made by the complainant regarding man-handling by the staff of DSSSB and non-verification of certificates of the candidates had been forwarded to the concerned branch and a report was likely to be submitted by that branch.  Therefore, the respondent sought some more time up to 15.12.2015.  The letter dated 30.11.2015 of respondent was sent to the complainant vide letter dated 28.11.2016 for comments.  However, the said letter was returned undelivered by the postal authorities.

4.      As there was no response from the respondent who had sought time for submission of the report upto 15.12.2015, the respondent was advised to send the same by 30.12.2016 vide letter dated 20.12.2016.  However, the respondent did not submit any report.  Since, the letter sent to the complainant had also been received back, the complainant was contacted on her given telephone on 21.08.2017.  Her husband  Sh. Dharma Raj Kumar informed that the address G-4/17-18 was incorrectly mentioned as G-417-18.  Hence the complainant did not receive letter dated 28.11.2016.  He also stated that the purpose of filing the complaint was to send a message to the concerned officers and staff working in DSSSB that they should treat persons with disabilities with sensitivity and dignity.  He further stated that he expected them to treat him the way they treat others.  It was unfortunate that the concerned staff was very rude.  He however, stated that Ms. Rama Sharma, his wife does not want to pursue the complaint further as the purpose was to convey his concern and requested that it may be closed.

5.      It is a matter of concern that the concerned officer in the office of the respondent did not submit any report as mentioned in his letter dated 30.11.2015.  It will be in the fitness of things for me to bring to the notice of the respondent that Section 92 (a) of the Rights of Persons with Disabilities Act, 2016 provides, “whoever intentionally insults or intimidates with intent to humiliate a person with disability in any place within public view;……………….. shall be punishable with imprisonment for a term which shall not be less than 6 months but which may extend  to 5 years and with fine”.          Section 89 and 93 of the said Act also provide for punishment for contravention of provisions of the Act or Rules or Regulations made there under and for failure to furnish information, respectively which may extend up to 5 lakh rupees. 

6.      As the complainant does not wish to proceed further, no action to invoke the above mentioned sections of the Act is being taken.  However, the respondent is advised to impress upon all concerned in the DSSSB to ensure handling and treating of persons with disabilities on equal basis with others and with dignity as envisaged in the Rights of Persons with Disabilities Act, 2016.  An action taken report be submitted to this Court under intimation to the complainant by 23.09.2017.

7.      Given under my hand and the seal of the Court this 25th day of August, 2017.


(T.D. Dhariyal)
State Commissioner for Persons with Disabilities


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