Thursday, May 31, 2018

Dr. Nitesh Kumar Tripathi Vs. Commissioner, North Delhi Municipal Corporation | Case No. 136/1024/2018/027560-61 | Dated: 30.05.2018

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. 136/1024/2018/027560-61                    Dated: 30.05.2018

In the matter of:

Dr. Nitesh Kumar Tripathi,
H.No. 8, B-Block,
Swami Vivekanand Marge,
Burari, Delhi-110084                    
By email:niteshtripathi85@gmail.com                          ......…….Complainant

                                          Versus                           

The Commissioner,
North Delhi Municipal Corporation,
4th Floor, Dr. S.P.M. Civic Centre,
New Delhi-110002.                                                      ………...…Respondent

Date of Hearing:  24.05.2018

Present:       Complainant- on phone
None for respondent. 
           
ORDER

          The above named complainant, a person with 65% locomotor disability vide his email dated 23.02.2018 submitted that he is working on contract basis in North Delhi Municipal Corporation (North DMC) as GDMO.  He has not received the salary from the month of July and August, 2017.  He further submitted that he sent an email to this Court a few days ago but he got no relief and felt that the Commissioner for Persons with Disabilities is not sensitive towards genuine issues of persons disabilities as such issues required immediate action. The complaint was taken up with the respondent under the Rights of Persons with Disabilities Act, 2016, hereinafter referred as Act, vide notice dated 01.03.2018 with the direction to submit an action taken report by 12.03.2018.

2.       While there was no response from the respondent despite reminder dated 11.04.2018, the complainant vide his email dated 15.03.2018 informed that the salary of almost all the staff working in North DMC had been released on 08.03.2018 except the complainant.  He also enclosed a copy of screenshot of the news channel ‘Aaj Tak’ with caption “An MCD employee committed suicide by jumping in front of a train, leaving behind a note that stated the non-payment of his 4 month salary as the reason for the extreme measure”.

3.       As there was no response from the respondent, a hearing was scheduled on 24.05.2018.  Unfortunately, as has often been observed in other cases, neither anyone appeared on behalf of Commissioner, Delhi Municipal Corporation nor was there any information/action taken report on the complaint. I am constrained to reiterate my concern about the irresponsiveness of the concerned officers of North DMC towards the complaints of persons with disabilities taken up by this Court.  In this case, a two line email informing the status could have sufficed.

4.       The complainant who deposed on telephone, informed that his salary has been released.  However, he has to approach this Court very often to get his salary.  It may be recalled that this Court in case number 4/1746/2017-Wel/CD and 15/1014/2017/10 filed by Dr. Nitesh Tripathi had to issue directions for releasing the salary of the complainant for the month of July and August 2017 vide the order dated 27.11.2017.  In that order, it was also directed that Grievance Redressal Officer as mandated under Section 23 of the Act and Rule 10 of the Rights of Persons with Disabilities Rules, 2017 be appointed.  However, no intimation has been received from the respondent about the appointment of Grievance Redressal Officer till date.  This is in contravention of the provisions of the Act and the concerned functionaries are liable to be proceeded against under Section 89 of the Act.

5.       It is also in the fitness of the things to bring to the notice of the respondent that the concerned functionaries of North DMC are also liable to be proceeded against under Section 93 of the Act for failure to furnish information in this case as directed vide notice dated 01.03.2018 followed by reminder dated 11.04.2018 and the summons dated 24.04.2018.

6.       As the complainant has informed that he has been paid the salary, no direction in this regard is required at this stage.  However, it is recommended that the Commissioner, North DMC should take following action:

i) Initiate action against the concerned functionaries of the North DMC under Section 3.(3) of the Act for discriminating against the complainant in releasing his salary;
ii) Initiate action against the concerned functionaries under Section 93 of the Act for failure to furnish information in response to notice on 01.03.2018, reminder dated 11.04.2018 and the summon dated 24.04.2018 in this case; and
iii) Initiate action against the concerned functionaries of North DMC for not appointing Grievance Redressal Officer under Section 23 of the Act and Rule 10 of the Rights of Persons with Disabilities Rules, 2017 despite the advice of this Court vide order dated 27.11.2017 in case number 4/1746/2017-Wel/CD and 15/1014/2017/10 filed by Dr. Nitesh Tripathi.

7.       Action taken on the above mentioned recommendations be intimated to this Court within three months from the date of receipt of this order as required under Section 81 of the Act.

8.       A copy of this order shall be kept in case files 4/1746/2017-Wel/CD and 15/1014/2017/10 for record.

9.       Given under my hand and the seal of the Court this 30th day of May, 2018.

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

Copy for record in Case files No. 4/1746/2017-Wel/CD and 15/1014/2017/10 filed by Dr. Nitesh Tripathi

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