Wednesday, May 29, 2019

Arun Kumar Gupta Vs. DCP Rohini District & 3 Others | Case No. 476/1024/2018/09/2483-2487 | Dated: 28.05.2019




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,
[Vested with powers of Civil Court under the
Rights of Persons with Disabilities Act, 2016]

Case No. 476/1024/2018/09/2483-2487                          Dated: 28.05.2019

In the matter of:

Sh. Arun Kumar Gupta,
D-1/46, Balvir Bihar
New Delhi-110086.                                                   ..…….Complainant
                  
                                          Versus                           
Deputy Commissioner of Police
Rohini District, Delhi
Bhagawan Mahavir Marg,
Varun Kunj, Rithala,
Rohini, Delhi-110085                                            ........ Respondent No.  1

Joint Commissioner of Police
(Northern Range),
6th Floor, Police Headquarters,
M.S.O. Building, I.P. Estate,
New Delhi.                                                           ....... Respondent No.  2

Commissioner of Police,
M.S.O. Building, I.P. Estate,
New Delhi.                                                           ........ Respondent No. 3

Sh. Prashant Gupta,
Owner, R.P. Enterprises,
Khasra No. 877, First Floor,
Gali No. 3, Nalla Wala Road,
Rithala, New Delhi-110085.                                   ........ Respondent No. 4


Date of Hearing:       27.05.2019
Present          :           Sh. Arun Kr. Gupta, Complainant
Sh. Pancham Kumar, S.I., P.S. Budh Vihar on behalf of respondent No. 1 and Sh. Prashant Gupta, respondent
No. 4. 

ORDER


The above named complainant, a person with 54% locomoter disability vide his  complaint dated 05.09.2018 submitted that he was working for M/s Sharp Eye, R.P. Enterprises, Khasra No. 877, 1st Floor, Gali No. 3, Rithala, New Delhi-110085 on commission basis for the last one and half years. He resigned on 14.08.2018 and  the owner of the company refused to pay his dues / commission of Rs. 22200/- for the month of July and August, 2018.  The company also used to deduct Rs. 1200/- every month from the amount due to him. He also alleged that he was manhandled and abused by Sh. Prashant Gupta due to which he resigned. He reported the matter to the Police but no action was being taken. He therefore, requested this Court for help in getting his dues amounting  to Rs. 43800/- and appropriate action against the company. 

2.      The complaint was taken up vide Notice dated 11.09.2018 with DCP, North West District, who forwarded the complaint to DCP, Rohini District.  As there was no response and DCP, Rohini District transferred the complaint to DCP, Outer District, a hearing was scheduled on 02.01.2019. 

3.      On 02.01.2019, as none appeared on behalf of the DCP, Rohini District. Jt. Commissioner of Police, Northern Range was impleaded as respondent No.2 vide RoP dated 03.01.2019.  He  was advised to decide the jurisdiction and direct the concerned DCP to take immediate action to provide relief to the complainant and submit a report on or before the next date of hearing on 18.01.2019.

4.      On 18.01.2019 also none appeared on behalf of Delhi Police and therefore Commissioner of Police was impleaded as respondent No. 3 and the matter was scheduled for hearing on 14.02.2019. 

5.      Vide report dated 15.01.2019, Sh. Rajneesh Gupta, DCP, Rohini District informed that matter was  got enquired into through ACP/Rohini/RD.  The owner of R.P. Printer was examined and as per his statement the complainant worked in his company and resigned on 29.08.2018 on personal grounds, which was accepted by the company.  All his dues were stalled,  which were cleared later on. No Dues Certificate had also been obtained from the complainant and no dues were pending as per available written proof provided by the owner of the company.  As per the report, the allegation regarding payment of salary was civil in nature and no cognizable offence was made out and hence, as per him, no police action was warranted.

6.      On the next date of hearing on 15.02.2019, complainant submitted a copy of his rejoinder dated 04.02.2019 in which he  stated that Sh. Prashant Gupta and Sh. Sachin Sharma asked him to work till 05.09.2018.  The company even recharged the complainant’s mobile even on 29.08.2018 and gave him Rs. 500/- for petrol for  which he also gave them the receipt and made an entry in the register.  The complainant also produced 2 sheets of “Paid and DOC Not OK Report” of the said company “Sharp Eye Daily FOS on Field Sales Pick Ups”   for 25.09.2018 and 30.09.2018.  The complainant further submitted that he neither signed any paper about no dues  certificate nor did he submit any typed resignation later on 29.08.2018 produced by the representative of DCP, Rohini  during the hearing.  The complainant  alleged that his signatures had been forged.  Incidentally, Copies of those papers were not enclosed with the report dated 15.01.2019 submitted  by DCP, Rohini.  In view of the statement of the complainant and the evidence submitted by him, it was felt that there was a need for further inquiry into the matter and therefore DCP, Rohini District was advised to personally look into the matter and have it re-investigated and submit a report on or before the next date of hearing on 27.03.2019.  Sh. Prashant Gupta, owner of R.P. Printers was also impleaded as respondent No. 4 and was directed to submit his version of the case.

7.      On 27.03.2019 Sh. Prashant Gupta did not appear despite summons, he was directed to participate and co-operate in the enquiry and ensure his attendance on the next date of hearing failing which this Court would be constrained to take action under Section 82 of the Act for enforcing his attendance.

8.      Sh. Purshotam, Sub-Inspector, Office of the DCP Rohini District, Delhi appeared and submitted a status report dated 26.03.2019, as per which  the matter was again  found to be civil in nature.  It is further stated that Sh. Prashant Gupta was called by  the Vigilance Branch on 22.03.2019.  The complainant was also directed to join the enquiry to verify signature but he did not appear.  Sh. Purshottam added that in case the complainant feels that his signatures have  been forged, the  signatures of the concerned parties would be verified through Forensic Scientific Laboratory (FSL)) and necessary action would be taken.
9.      The complainant was directed to prepare a  statement of the number of SIMs sold by him in the month of July-August’2018 and the payment received by him for the same alongwith supporting documents such as the list of customers and their mobile numbers, bank statement etc.  The Police was directed that payment made to the complainant in cash by Sh. Prashant Gupta  be verified through the documents maintained by M/s R.P.Enterprises.  The signatures of the complainant should  be verified through FSL.  The complainant was also directed to join the investigation when and where he was called and submit the audio recording / CD to the E.O./I.O. in support of his allegation that Sh. Prashant Gupta abused, intimidated, insulted  and assaulted him, who will take action  against the alleged person under Section 92 of the Rights of Persons with Disabilities Act, 2016 which provides as under:
Whoever,—
(a) intentionally insults or intimidates with intent to humiliate a person with disability in any place within public view;
(b) assaults or uses force to any person with disability with intent to dishonor him or outrage the modesty of a woman with disability……….shall be punishable with imprisonment for a term which shall not be less than six months but which may extend to five years and with fine.”
10.    A report on the outcome of the enquiry and the status of the case was sought by  24.05.2019.
11.    The report dated 26.03.2019 of  DCP, Rohini District  is reproduced below:
``This is in continuation to this office Nos. 2440/Complt./(AC-III)/RD dated 15.01.2019, 2597/Complt./(AC-III)/RD dated 31.01.2019 and refer to your office case No.476/1024/2018/09/882 dated 15.02.2019 on the subject cited above, it is to state that during hearing of the above said case, the complainant stated that he neither signed any paper about “no dues” certificate nor did he submit any typed resignation letter on dated 29.08.2018 produced by the representative of the Respondent No.1 during the hearing.  The complainant has alleged that his signatures have been forged.  The Hon’ble Court of State Commissioner for Persons with Disabilities has directed to re-investigate the matter and submit a report on or before 27.03.2019 ( date of hearing).
            In this regard, the matter has been got enquired into through ACP/PG/RD.  During enquiry, it was revealed that Sh. Prashant Kumar Gupta runs a company in the name & style “R.P. Enterprises” at Khasra No.877, Rithala, Delhi.  The company supplies mobile Sim Cards to the customers at their houses.  The employee of the company receives Rs.100/- as commission on each delivery.  The statements of Sh. Arun Kumar Gupta (complainant) and Sh. Prashant Kumar Gupta (owner of R.P. Enterprises) were got recorded and other relevant documents were also obtained.  As per the statement of Sh. Arun Kumar Gupta (complainant), he had worked there from 16.04.2017 and resigned from the company on 14.08.2018 but he failed to produce the copy of resignation letter dated 14.08.18 during enquiry by PG Cell.  Moreover, as per his statement, he was not the permanent employee of the said company.  As per the statement of Sh. Prashant Kumar Gupta (owner of R.P. Enterprises), he worked in the said company during the month July, 2018 to 29.08.2018.
            During further enquiry, it also revealed that the complainant had received Rs.3000/- in advance on six times (500x6) from the owner in the month of July 2018.  At that time the total amount Rs.10,600/- of the complainant was due with the company.  Hence, after deduction of Rs.3000/-, the balance amount Rs.7600/- was deposited in his account.  Further on 29.08.2018, when the complainant resigned from his job, the pending due payment amounting to Rs.18,600/- was paid to the complainant in cash.  The entries of the same have been made in the relevant register maintained by the company and the complainant also put his signatures on these entries and receipt of above said amounts.
            Moreover, during enquiry, Sh. Prashant Kumar Gupta, the owner of R.P. Enterprises has clearly disposed that on 29.08.2018, the complainant himself reported to the company office and put up his resignation/no dues letter dated 29.08.2018 and took his balance due amount along with his all the documents which were kept in the company for security.  On the above said documents, the complainant himself made his signature and the same are not forged.
            Further, the allegation of beating levelled by the complainant also could not be substantiated, as the complainant neither made any PCR call in this regard nor gave any written and verbal complaint to police.  However, to verify the signatures of the complainant, the complainant was again contacted on his mobile number 9210313241 on several times to join the enquiry but he did not turn up on any occasion.  In this regard, a DD entry was lodged vide DD No.3 on dated 22.03.2019.  Hence, without the specimen signatures of the complainant, it cannot be concluded as to whether the signatures of the complainant on resignation letter and no dues certificate are forged or not.  Further, a per enquiry report conducted by PG Cell, no cognizable offence is made out.  The same is found civil in nature, as on perusal of his signatures on the various documents, it appears that the signatures on all the papers are same.  However, in case the complainant is not satisfied with the enquiry of this district conducted so far, he may be directed to join the enquiry to verify his signature on the subject.  The copies of all the relevant records/statement into the matter are also enclosed herewith for perusal.

Yours faithfully,
(S.D. Misra)IPS
Dy. Commissioner of Police,
Rohini District, Delhi.”

12.    Inspector Yogendra Kumar, PS Budh Vihar, Delhi  has submitted a status report dated 22.05.2019 which is also reproduced below:
“As per the direction of this Court he called the complainant and asked him to provide the specimen signature and audio recording of the alleged incident upon which complainant stated that he has settled the issue with the alleged Prashant Gupta who assured him to pay his due salary.  The same will be handed over before the Hon’ble Court on the next date of hearing.   Complainant further stated that he will withdraw his present complaint after receiving the due salary.  Till then complainant requested not to proceed legally on his complaint and also denied to provide specimen signature and audio recording.  Further the alleged Prashant Gupta was also interrogated who supported the version of the complainant and assured to hand over the due salary before the Hon’ble Court. 
In view of the above mentioned facts and circumstances, the report in the matter may please be considered accordingly.  Undersign will abide by all the further directions of the Hon’ble Court.”
13.    The complainant and Sh. Prashant Gupta appeared on 27.05.2019 and submitted that they have settled the matter amicably. Sh. Prashant Gupta paid Rs. 26000/- to the complainant.  Complainant stated that his original Aadhar Card is with the company which may be returned to him.  Sh. Prashant Gupta stated that the same is not in his possession. He has been advised to look for it in the company’s record and return the same to the complainant within 3 days of  the receipt of this order.
14.    The facts and circumstances as mentioned above, indicate the need for being more sensitive towards the issues of persons with disabilities, prompt in taking action on their complaints with seriousness.  The law enforcing agencies particularly need to take note of the provisions of the Section 7 and 92 of the Act and be extremely careful in handling their complaints and ensure that their rights are not infringed.  Sh. Prashant Gupta, the respondent No. 4 is also advised to be more sensitive towards the rights of persons with disabilities and do his a bit in creating awareness and sensitising other people in the society.  Section 7 and the extract of Section 92 are reproduced below for information of the concerned:
Section 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 providelegal 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.”
Section 92. Whoever,—
(a) intentionally insults or intimidates with intent to humiliate a person with disability in any place within public view;
(b) assaults or uses force to any person with disability with intent to dishonor him or outrage the modesty of a woman with disability……….shall be punishable with imprisonment for a term which shall not be less than six months but which may extend to five years and with fine.”
15.    The complaint is disposed off.
16.    Given under my hand and the seal of the Court this 28th day of May, 2019.



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

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