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. 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
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