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. 4/1118/2015-Wel/CD/3492-93 Dated: 22.12.2017
In the matter of:
Sh. Santosh Kumar,
C/o
Sh. Pappu Jain,
1/1,
laxmi Market, Aram Park,
Khureji,
Laxmi Nagar,
Jain
PG, Delhi-110092 ................
Complainant
Versus
The Secretary,
Deptt. Of Health
& Family Welfare,
GNCTD,
Delhi Secretariat, I.P. Estate,
New
Delhi-110002. ………...…Respondent
ORDER
The
above named complainant vide his complaint dated 31.08.2015 received from the
Court of Chief Commissioner for Persons with Disabilities vide letter dated
21.09.2015 submitted that he applied for Disability Certificate in Multiple
Disability Board of Guru Teg Bahadur Hospital, Shahdara, Delhi. As per the complainant he has congenital blue
dot and Sutural cataract in both his eyes and Diskinetic cerebral palsy in his
right hand due to which he can hardly perform any household work including
writing. As GTB Hospital had no
neurological facility, he was referred to IHBAS Hospital. He alleged that during assessment, he was
mentally harassed and sarcastically mocked.
He was doubted and his case was under estimated ignoring his
problem. He alleged prejudice and
discrimination in gross violation of the Persons with Disabilities Act, 1995.
2. The
complaint was taken up with the respondent vide communication dated
24.09.2015. Health & Family Welfare
Department sought the comments of IHBAS Hospital. IHBAS, Hospital vide letter dated 21.10.15
inter-alia informed that the Neurological condition of Focal Dystonia or
writer’s cramp was very mild and was not contributing to any motor weakness
leading to measurable disability. The
complainant was examined in different centres, AIIMS, GB Pant and Ganga Ram
Hospial. The same professional opinion
was provided by the experts of those hospitals.
The hospital also stated that there was no mention of disability due to
Dystonia in the disability assessment gazette.
It was also alleged that the complainant pressurised the treating
Doctors to give 30% or more disability which would help him in the Civil
Services Exam. The hospital denied any
harassment meted due to the complainant.
3. This
court suggested to Department of Health & Family Welfare to appoint an
Appellate Board. After exchange of a number of correspondence, the Health &
Family Welfare Department asked Medical Superintendent, Lok Nayak Hospital to
constitute an Appellate Board of 3 doctors for reassessment of the category of
disability of the complainant as he was not satisfied with their
comments/report of IHBAS Hospital and reconsider the issue of disability
certificate, based on Board’s report vide letter dated 28.03.2016.
4. A
hearing was scheduled on 24.10.2017. While
the complainant did not appear, Ms. Manju Handa, Dy. Secretary on behalf of
respondent informed that the complainant was also requested to contact
Director, GB Pant Hospital for reassessment by Appellate Board of 3 doctors
vide letter dated 08.09.2016. However,
it appeared that complainant did not visit that hospital.
5. It
was observed that the last communication from the complainant was received on
06.11.2015. This Court also tried to
contact him on his given telephone No. 9910298747, which was switched off. On the date of writing this order on 13.12.2017
also the said telephone number was switched off/temporarily out of service.
6. Director,
GB Pant Hospital was advised to arrange reassessment of the complainant as
requested by H&FW Department and if eligible, disability certificate may be
issued in respect of the complainant. It
was also made clear in the record of proceedings dated 27.10.2017 that if no
response from the complainant was received by 30.11.2017, the complaint would
be treated as closed. The Record of
Proceedings dated 27.10.2017 was sent to the complainant at his given address
by speed post which has not been received back.
In compliance with the advice of this Court, GB Pant Hospital vide
letter dated 15.11.2017 advised the complainant to report to Disability Cell,
GB Pant Hospital, New Delhi between 10:00 A.M. and 4:00 P.M. with the relevant
record on 16th/17th.11. 2017 or on 18.11.2017 between
10:00 A.M. to 1:00 P.M. The hospital
also found his mobile number switched off.
No response what so ever has been received from the complainant till
date. In view of this the complaint is
closed and disposed off.
7. Given under my hand and the seal of the
Court this 22nd day of December, 2017.
(T.D. Dhariyal )
State Commissioner for
Persons with Disabilities
View the digitally signed PDF Order here:
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