Sunday, December 17, 2017

P.S. Dhama Vs. North Delhi Municipal Corporation & Anr | Case No. 4/1348/2016-Wel./CD/3366-68 | Dated:16.12.2017




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-23216002-04, Telefax: 23216005
[Vested with power of Civil Court under the Persons with Disability (Equal Opportunity, Protection of Rights and Full Participation) Act, 1995]

Case No. 4/1348/2016-Wel./CD/3366-68                                    Dated:16.12.2017

In the matter of:

Sh. P.S. Dhama,
President, Joint Front of PwD & OBC Teacher’s Association Delhi,
G-63, MCD Colony Dhaka, Kingsway Camp,
New Delhi-110009                                                                 ……… Complainant     
                                                                     
Versus
The Commissioner,
North Delhi Municipal Corporation,
4th Floor, SPMC Civic Centre,
New Delhi-110002                                                                      ....…Respondent

The Director,
Central Establishment Department,
North Delhi Municipal Corporation,
Dr. S.P.M. Civic Centre,
New Delhi -110002.                                                                     ........Respondent

            
ORDER
       
                  The above named complainant, a person with 40 % locomotor disability vide his complaint dated 19.07.2016 submitted that he is working as Principal in School of North Delhi Municipal Corporation (North DMC).  He was transferred out under some conspiracy on 03.11.2015.  The entire staff and parents requested for cancellation of his transfer.  However, the then Dy.Director(Education) relieved him on 04.12.2015 and suspended him without giving him any opportunity.  He was again suddenly transferred on 18.07.2017 and was relieved on the same day. He further submitted that he is entitled to be transferred to a place close to his house as per the instructions. However, he was being discriminated against and harassed.  He also submitted that he had filed a complaint before the Chief Commissioner for Persons with Disabilities and this Court as his grievances were not redressed by the senior officers of  MCD.  Because of his complaint, the Corporation had to fill the back log of reserved vacancies in the post of Principal.  He also alleged discrimination in the matter of look after charge and Current Duty Charge on the ground of his disability.   He requested that his relieving order dated 18.08.2016 should be set aside. 

2.               The complaint was taken up with the respondent vide communication dated 05.08.2016 followed by reminders dated 10.10.2016 and 29.11.2016.  The respondent submitted an Interim Report on 05.11.2016 and stated that on the basis of complaints of two female teachers, a memo dated 29.06.2016 was issued to the complainant.  After considering the facts of the matter, the competent authority ordered his transfer immediately to a boys school.  He was therefore, transferred and relieved to MCPS Wazirpur Industrial Area, C-II vide order dated 18.07.2016.  The complainant was suspended on 04.01.2016 for disobedience of official orders, misconduct and obstruction of official work while working as Principal in MCPS Dheerpur.  He was later on reinstated and posted in MCPS, Parmanand Colony on 14.01.2016.  As regards his promotion to the post of School Inspector,  the respondent submitted that it was in the ambit of Central Establishment Department / North DMC.  All his representations were forwarded to DDE(Admn.) Education Deptt., North DMC for further necessary action. The said post is a Group A Post.

3.               The respondent vide letter dated 14.02.2017 added that the Look After Charge (LAC) of School Inspectors is purely a temporary arrangement to deal with the shortfall of school Inspectors for the smooth functioning of the Department. Under the North DMC, the charge of LAC has been assigned to senior most eligible headmasters as all the School Inspectors-LAC working with North DMC are senior  Headmasters than the complainant.  The EDMC or SDMC have their own arrangement. Seniority of Headmasters of three DMCs is common and is being finalized.  As regards request of the complainant for transfer to EDMC, the same is done on mutual basis which  was under the jurisdiction of Director Local Bodies. The respondent further informed that a departmental enquiry was pending against the complainant and his promotion to the post of SI can be considered only after the enquiry in the case is over and the RRs to the post are notified.

4.               A copy of the reply of the respondent was sent to the complainant vide letter dated 06.03.2017 at his address – G-63, MCD Colony Dhaka, Kingsway Camp, New Delhi followed by  reminder dated 02.08.2017 vide which he was advised to  submit his comments if any, by 10.08.2017 failing which the case would  be closed. Till date no response whatsoever has been received from the complainant.  In view of this, the complaint is closed.

                  Given under my hand and the seal of the Court this 13th day  of December, 2017.     



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









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