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
Phone-011-23216002-04,
Telefax: 011-23216005,
[Vested with powers of Civil Court under the
Rights of Persons with Disabilities Act, 2016]
Case
No. 625/1144/2018/12/1304-1305 Dated:
14.03.2019
In
the matter of:
Sh.
Suresh Chand,
H.No.
922, Gali No. 13,
Block-A,
Pehla Pusta,
Sonia
Vihar,Delhi-110090. ..............
Complainant
Versus
The
Deputy Commissioner of Police
(North East District),
Police
Station, Delhi Police,
Delhi-110053. ……...…Respondent
ORDER
The
above named complainant, a person with 50%
locomotor disability vide his complaint dated 06.12.2018 submitted that
he was working in the post of Asstt. Teacher in Laxmi Memorial Public School,
Sonia Vihar. He was removed from the
post because he raised his voice against his exploitation by the school. The
Court directed his reinstatement on 16.08.2018 with full back wages. But the
Manager of the School started threatening him with the help of anti social elements.
Due to which he was not able to join. He filed a complaint with the Sonia Vihar
Police Station on 26.09.2018 and 03.11.2018.
He is extremely scared and therefore has requested for providing him
security so that he can join his service.
2. The complaint was taken up with the respondent vide Notice
dated 08.01.2019 followed by reminder dated 06.02.2019 and a hearing on 13.03.2019.
3. In the meantime Addl. Dy. Commissioner of Police-I, North East
District, Delhi has filed a report dated 26.02.2019, which reads as under:
“With reference to case No.
625/1144/2018/12813019 dated 17.12.2018 on the subject cited above, it is
stated that an enquiry into the matter was conducted through ACP/Khajri Khas
which revealed that the complainant was working as an Asstt. Teacher in Laxmi
Memorial Public School, 4th Pusta, Sonia Vihar. After 2014, he was dismissed by the School
Management. He filed an appeal in the
Delhi School Tribunal and he was reinstated.
However, school management did not agree to reappoint him in service.
Thus, he filed a contempt petition in the Court. On 18.09.2018, he went for taking
medicine. In the evening, the owner of
the house intimated him that 3-4 unknown persons came in the house and asked
about him with dire consequences. No one
has threatened him personally. The
complainant further stated that he would file the complaint to the police if
anyone gives him threat in future. The
complaint may be filed please.”
4. As the Notice of hearing dated 06.02.2019 which was sent to the
complainant through Speed Post was
received back from the postal authorities with the remark “incomplete address”,
the complainant was contacted on telephone. He confirmed that action taken by
the Police as stated in the report dated 26.02.2019. He was also informed about that the complaint
would be disposed of after the hearing on 13.03.2019. However, the complainant did not appear
during the hearing.
5. Sh. Sunil Kumar, A.S.I. appeared on behalf of the respondent
and reiterated the written submissions.
He also produced a copy of the written statement of the complainant
given to the police in which he has mentioned that a few days ago some unknown
persons enquired about him from the owner of his rental house in his
absence. He therefore suspects that
someone may want to cause damage to him.
Presently, he is staying temporarily somewhere and is safe. Therefore there is no need for any action at
present. He expects action by the Police
after the order of the Court on 24.04.2019.
A copy of the said statement has been taken on record.
6. In view of the status report dated
26.02.2019 of the respondent and the statement of the complainant, the
complaint is disposed of. The
complainant may approach the Police if required in future, who shall take
appropriate action as required under Section 7 of the Act which provides as
under:
“7. (1) The appropriate Government shall take
measures to protect persons with disabilities from all forms of abuse, violence
and exploitation and to prevent the same, shall—
(a) take cognizance of incidents of abuse, violence and exploitation and provide legal remedies available against such incidents;(b) take steps for avoiding such incidents and prescribe the procedure for its reporting;(c) take steps to rescue, protect and rehabilitate victims of such incidents; and(d) create awareness and make available information among the public.
(2) Any person or registered
organisation who or which has reason to believe that an act of abuse, violence
or exploitation has been, or is being, or is likely to be committed against any
person with disability, may give information about it to the Executive
Magistrate within the local limits of whose jurisdiction such incidents occur.
(3) The Executive Magistrate
on receipt of such information, shall take immediate steps to stop or prevent
its occurrence, as the case may be, or pass such order as he deems fit for the
protection of such person with disability including an order—
(a) to rescue the victim of such act, authorising the police or any organisation working for persons with disabilities to provide for the safe custody or rehabilitation of such person, or both, as the case may be;(b) for providing protective custody to the person with disability, if such person so desires;(c) to provide maintenance to such person with disability.
(4) Any police officer who
receives a complaint or otherwise comes to know of abuse, violence or
exploitation towards any person with disability shall inform the aggrieved
person of—
(a) his or her right to apply for protection under sub-section (2) and the particulars of the Executive Magistrate having jurisdiction to provide assistance;(b) the particulars of the nearest organisation or institution working for the rehabilitation of persons with disabilities;(c) the right to free legal aid; and(d) the right to file a complaint under the provisions of this Act or any other law dealing with such offence:
Provided that nothing in this
section shall be construed in any manner as to relieve the police officer from
his duty to proceed in accordance with law upon receipt of information as to
the commission of a cognizable offence.
(5) If the Executive
Magistrate finds that the alleged act or behaviour constitutes an offence under
the Indian Penal Code, or under any other law for the time being in force, he
may forward the complaint to that effect to the Judicial or Metropolitan
Magistrate, as the case may be, having jurisdiction in the matter”.
7. Given under my hand and the seal of the Court this 14th
day of March, 2019.
(T.D. Dhariyal )
State Commissioner for
Persons with Disabilities
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