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. 1006/1111/2019/07/6319-6320
Dated:
04.10.2019
In
the matter of:
Sh. Vishal Gupta,
J.E.
(Electrical)/CNZ
F-21,
St. No. 06, Brahmpuri,
Delhi
110053. ...........
Complainant
Versus
The Executive Engineer
(Electrical)
South
Delhi Municipal Corporation,
SDMC
Primary School,
Defence
Colony,
New
Delhi-110024. ........... Respondent
Last Date of Hearing 30.09.2019
Present: Sh.
Vishal Gupta, JE (E), complainant in person.
Sh. A.Z. Beg, Exe. Engineer
(Electrical) and Sh. Kushal Chawla, AEE/CNZ for respondent.
ORDER
The above named complainant, a
person with 54.9% hearing impairment vide his complaint dated 27.06.2019
submitted that he is working as Junior Engineer (Electrical) in South Delhi
Municipal Corporation. He had certain
issues that made him mentally disturbed. He was under too much pressure and
stress and was fearing termination of his services. He felt harassed and resigned from the post
of Jr. Engineer (Electrical)/CNZ.
2. The
complainant addressed his representation to the Executive Engineer (Electrical),
SDMC Primary School, Defence Colony, New Delhi with a copy to this Court and
other officers/authorities in SDMC and Govt. of NCT of Delhi.
3. Vide
letter dated 05.07.2019, an action taken report was sought from the respondent,
who vide reply dated 19.07.2019, inter-alia submitted that the complainant was
working as Junior Engineer (Electrical) on contract basis. He never brought his problem to his notice
before submitting the representation dated 27.06.2019. He also did not mention anything about the
allegations made in his representation when he submitted his resignation. He told him that complainant was resigning as
he wanted to prepare for competitive examinations for getting permanent Govt.
job and he was not satisfied with his contractual job. After receipt of the complaint, he personally
inquired into the working of Sh. Kushal Chawla, Assistant Engineer from all
other Junior Engineers (Electrical). All
of them strongly expressed their views that the allegations were found to be
false and fabricated. He also enclosed
the explanation/comments dated 17.07.2019 of Sh Kushal Chawla (AEE) including a
collective statement of seven Jr. Engineers working under him. They stated that the working and behaviour of
the Sh. Kushal Chawla has been very good, cordial and supportive and they have
no complaint or any issues with him.
4. In
his rejoinder dated 06.09.2019, the complainant submitted that he was not
satisfied with the reply and he should be given an opportunity of a
hearing. He also submitted that he has
requested for withdrawal of his resignation.
5. Upon
considering the written submissions, a hearing was scheduled on 30.09.2019. After
detailed interaction with the parties and perusal of record, it appeared that
there had been some communication gap between the complainant and his immediate
supervisor. A copy of his resignation
letter dated 11.06.2019 produced by the respondent, gives the personal reasons
for resigning with effect from 30.06.2019 (Evening). The complainant has also thanked
his seniors, staff and co-workers for their support. The said resignation was accepted by Commissioner,
SDMC vide order dated 24.07.2019.
6. The
respondent submitted that as the complainant’s contract was coming to an end on
30.06.2019 and in view of his request for resignation w.e.f. the same date, an
office order dated 07.08.2019 that the Commissioner, SDMC has terminated the
contract of the complainant with effect from 30.06.2019 was issued. They also clarified that there is no provision
for withdrawal of resignation by an employee of contract once the resignation
is accepted. It is for the Competent
Authority to consider his request. He
also submitted that he received an email dated 06.09.2019 from the complainant
requesting to allow him to withdraw his resignation which he submitted under
tremendous stress. He immediately informed the complainant that he should
pursue the matter with ADC, Engineer/HQ/SDMC as his Division has no authority
to take any action in the matter.
7. The
complainant stated that he wants to continue working in SDMC as he submitted
his resignation under stress.
8. It
appears that complainant submitted his resignation in haste and due to some
communication gap and misunderstanding. As his immediate superior officers
including Sh. Kushal Chawla have no issue with regard to his working and no
other person has been appointed/engaged in place of the complainant, it is
recommended that Commissioner, SDMC may consider re-engaging the complainant as
Jr. Engineer (Electrical) and have an action taken submitted to this Court within
a month of receipt of this order or by 31.10.2019 whichever is earlier.
9. Given
under my hand and the seal of the Court this 4th day of October,
2019.
(T.D. Dhariyal)
State Commissioner for Persons with
Disabilities
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