Lily Roy Vs. DCP (West District) & Anr. | Case No. 417/1111/2018/08/2618-2620 | Dated:07.06.2019

In the Court of the 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. 417/1111/2018/08/2618-2620                Dated:07.06.2019

In the matter of:

Ms. Lily Roy
Mother of Sh. Satyajeet Roy (Victim),
Kali Bari Mandir, Near Chhoti Sabzi Mandi,
Janakpuri, New Delhi-110058.                               ......Complainant

                                                          Versus

Deputy Commissioner of Police,
West District,
Police Station Rajouri Garden,
New Delhi-110027                                        ........Respondent No. 1

Deputy Commissioner
South Delhi Municipal Corporation,
(West District), Shivaji Palace,
Rajouri Garden, Delhi-110027                      .......Respondent No. 2

ORDER

          The above named complainant m/o Sh. Satyajit Roy, a person with 100% hearing impairment vide her complaint dated 06.08.2018 addressed to Hon’ble Chief Minister, Delhi with a copy to this court submitted that her son was working from his PCO booth since 2009 in Ashok Vihar, Delhi. On 19.07.2018, her son’s PCO booth, the only source of the family’s income, was not found.  She lodged a complaint at Hari Nagar Police Station on 20.07.2018.  But police authorities did not take any action.  She also approached ACP, Rajouri Garden.  Still no action was taken.  She therefore requested for help.

2.       The complaint was taken up with DCP (West Distt.) vide notice dated 21.08.2018 under the Rights of Persons with Disabilities Act, 2016, hereinafter referred to the Act followed by reminder dated 04.10.2018.  As there was no response from the respondent, a hearing was scheduled on 14.12.2018. In the meantime DCP (West Distt.) informed vide letter dated 11.12.2018 that an enquiry was got conducted in the matter through ACP/ Rajouri Garden which revealed that the case vide e-FIR No. WD-HN-000642 dated 13.09.2018 under section 379 IPC had been registered at PS Hari Nagar.  Statements of the complainant and other witnesses were recorded. CCTV footage were also searched.  But nothing was found. Further investigation in the case was in progress.  It was also stated that some lapses were found on the part of the SHO, Hari Nagar and an explanation had been issued to Inspector Vijender Singh vide letter dated 07.12.2018 for his lapses.  Respondent No. 1 was advised to expedite the investigation Vide R.O.P dated 20.12.2018.  

3.       Thereafter 3 more hearings on 31.12.2018, 05.03.2019 and 08.04.2019 were held.  During the intervening period status quo with regard to any clue of the PCO booth remained and as per the police, the investigation was still in progress despite the fact that as per the complainant and Sh. Davender Singh who accompanied her in one of the hearings, the booth was dismantled between 12.00 Noon and 2.00 PM on 18.07.2018, yet the scrap dealer beside the house of Sh. Manmohan Singh told the complainant that he did not see any one taking away the booth.  Besides this, there had been inconsistent and contradictory statements coming in from different quarters.  Therefore the complainant conveyed that she suspected Sh. Manmohan Singh, his two sisters and the scrap dealer.  During the intervening period, complainant’s husband also expired on 26.12.2018 due to disease and for want of proper food and her disabled son had no means to earn their livelihood.  The suggestion of this Court to the Deputy Commissioner (West Zone), Rajouri Garden, SDMC to provide the complainant’s son some immediate relief by allotting a seized or abandoned PCO booth to enable him to earn for his and his mother’s survival has also not been implemented till date.  This court even requested the Office of Hon’ble Minister for Social Justice and Empowerment to provide the complainant/her son some financial assistance from the Minister’s Discretionary Fund which also was not materialised.    

4.       It is difficult to accept the report of the police that they could not get any clue about the PCO booth of the complainant’s son for so long.  From the development and proceedings of this case it has been observed that none of the concerned authorities have tried to go a little extra mile to help the complainant and her son who are without any source of income except the disability pension of Rs.2500/- and are running from pillar to post for help.

5.       In the facts and  circumstances of the case, DCP (West District) is directed to conclude the investigation and provide relief to the complainant.  Deputy Commissioner, West Zone, SDMC is once again advised to make genuine efforts to help the complainant Sh. Satyajit Roy, a person with disability to earn his livelihood.

6.       The complaint is disposed of.

7.       Given under my hand and the seal of the Court this 6^th day of June, 2019.

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