Thursday, August 19, 2021

Suo Motu Vs. The Director Delhi Fire Services & Eight other Departments | Lead Case No. 939/1015/2019/06/1269-1277 | Dated:19-08-21

 
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: 011-23216003-04, Telefax: 011-23216005, 
Email: comdis.delhi@nic.in
[Vested with powers of Civil Court under the 
Rights of Persons with Disabilities Act, 2016]

1. Case No. 939/1015/2019/06 /1269-1277 Dated:19-08-21

In the matter of:

Suo-Motu                                      ………..Complainant

Versus

The Director,
Directorate of Delhi Fire Services HQ,
205-1205, New Barakhambha Road,
Connaught Lane, Barakhambha,
New Delhi-110001.                         .................Respondent

2.Case No. 957/1015/2019/06

In the matter of:

Suo-Motu                                                ………..Complainant

Versus

The Pr.Secretary,
Urban Development Department,
9th Level, Delhi Secretariat,
I.P. Estate, New Delhi-110002.                        .………..Respondent 

3. Case No. 956/1015/2019/06

In the matter of:

Suo-Motu                                                   ………..Complainant

Versus

The Registrar,
O/o The Registrar of Co-operative Societies,
Old Court Building, Parliament Street,
New Delhi-110001.                              .………..Respondent 

4.Case No. 926/1015/2019/06

In the matter of:

Suo-Motu                                                    ………..Complainant

Versus

The Director,
Higher Education,
5 Sham Nath Marg, Prema Kunj,            
Civil Lines, Delhi-110054.                       .………..Respondent 

5.Case No. 922/1015/2019/06

In the matter of:

Suo-Motu                                 ...........Complainant

Versus

The Pr. Secretary,
Health & Family Welfare Department,
9th Level, Delhi Secretariat,
I.P. Estate, New Delhi-110002.                    ........Respondent

6. Case No. 960/1015/2019/06

In the matter of:
Suo-Motu                                                           ………..Complainant

Versus

The Chairman, 
New Delhi Municipal Council,
Palika Kendra, Sansad Marg, 
GNCT of Delhi,
New Delhi-110001.                                 .………..Respondent 

7.Case No. 963/1015/2019/06

In the matter of:

Suo-Motu                                                    ………..Complainant
        
Versus

The Commissioner,
South Delhi Municipal Corporation,
9th Floor, Dr. SPM Civic Centre,
Minto Road, New Delhi-110002.                       .………..Respondent 

8.Case No. 964/1015/2019/06

In the matter of:

Suo-Motu                                                   ………..Complainant

Versus
The Commissioner,
East Delhi Municipal Corporation,
419, MCD, Udyog Sadan, 
Patparganj Industrial Area,
Patparganj, Delhi-110092                         ………..Respondent 

9. Case No. 980/1015/2019/06

In the matter of:

Suo-Motu                                                  ………..Complainant

Versus

The Secretary,
Directorate of Training & Technical Education, 
Purvi Pitampura, Muni Maya Ram Marg, 
Block RU Pitampura, Delhi-110034                 .………..Respondent 

Date of hearing: 16.08.2021

Present: List enclosed at Annexure - I.       

ORDER

As per Section 21 of the Rights of Persons with Disabilities Act, 2016 (RPwD Act), Rule 8 of the Rights of Persons with Disabilities Rules, 2017 (RPwD Rules) and Rule 12 of the Delhi Rights of the Persons with Disabilities Rules, 2018 (Delhi RPwD Rules), every establishment shall notify the “Equal Opportunity Policy” and register a copy of the said policy with the State Commissioner.

Section 2(k) of the Rights of Persons with Disabilities Act, 2016 hereinafter referred to as the Act provides as under:

“Government establishment” means a corporation established by or under a Central Act or State Act or an authority or a body owned or controlled or aided by the Government or a local authority or a Government Company as defined in Section 2 of the Companies Act, 2013 and includes a Department of the Government.

2. In view of the above provisions of the Act and the Rules, all the Pr.Secretaries/ Secretaries/HODs of Government of GNCT of Delhi and Local Bodies were to initiate appropriate actions vide letter No. F. 5/1766/2017-Wel/CD/5134-5292 dated 13.02.2018 followed by reminders dated 15.06.2018 & 18.01.2019 and were advised as under:

(i) For implementation of the Equal Opportunity Policy (EOP) and draw the same in all Departments / Organisations and establishments under jurisdiction and to register the same with the State Commissioner; and 

(ii) To provide a list of private establishments registered with or connected to their department / organisation alongwith their full addresses and contact details in soft copy. 

3. Publication and registration of Equal Opportunity Policy is mandatory under the Act and contravention of any provision of the Act and the Rules made thereunder is punishable with fine which may extend to Rs. 10000/- and for any subsequent contravention fine shall not be less than Rs. 50000/- but may extend to Rs. 5 Lakh, a Suo-Motu cognizance vide Notice 03.08.2021 was taken up with the respondents regarding notification and registration of Equal Opportunity Policy by the Govt. Establishments and Private Establishments and all were directed to appear for  hearing on 16.08.2021 under Section 82 of the Act.  

4. A joint hearing was held on 16.08.2021 at 11.30 AM with all the   respondents mentioned above, for respective organisations which have not drawn and forwarded copies of Equal Opportunity Policy to this Office till date.

5. None appeared on behalf of the Office of the Registrar Co-operative Societies, which is noted with concern.  Registrar, Co-operative Societies may please note and ensure drawing of the EOP and forward the same to the Office of the State Commissioner for Persons with Disabilities.   List of participants is enclosed at Annexure-I.

6. State Commissioner for Persons with Disabilities (SCPD) also took the opportunity to deliberate and brief about the aim, objectives and need of implementation of the Rights of Persons with Disabilities Act 2016, in true spirit.    It was explained that the Persons with Disabilities Act, 1995 was welfare based whereas the Rights of Persons with Disabilities Act, 2016 is a ‘Right’ for all PwDs.  Numbers of different disabilities included in this Act have been increased from 7 to 21.  All the 101 Sections of the present Act are mandatory except 4 Sections.  Provision of Penalties and non-implementing the various provisions of the Act were also brought to the notice of all. 

7. SCPD has also pointed out the Equal Opportunity Policy framed by Department of Social Welfare, GNCT of Delhi for Persons with Disabilities vide letter dated 03.06.2019.  Similarly this Office has also framed its Equal Opportunity Policy vide letter dated 24.07.2019.  It was advised that both the EOPs can be taken as a ‘Model’ by other departments while framing their EOPs.  Both policies are readily available on this Office website i.e. http://discomm.delhi.gov.in/ for downloading for reference.

8. Representative of Department of Training and Technical Education informed that they forwarded copy of their EOP and consolidated list of Institutes (Govt. & Pvt.) in respect of Grievance Redresaal Officers (GROs) to this Office on 13.08.2021 for information and record as desired. 

9. Representative of Urban Development Department informed that they too have forwarded copy of their Equal Opportunity Policy on 12.08.2021.  

10. Representative of East Delhi Municipal Corporation also submitted that EDMC has already prepared their Equal Opportunity Policy and submitted copy of the same during the hearing, which has been taken on record. 

11. Representative of Jag Pravesh Chandra Hospital Shastri Park, Delhi also filed copy of their Equal Opportunity Policy sent on 23.07.2019, copy of which also taken on record. 

12. Some representative of various hospitals requested for clarity on the issue of submitting their EOPs separately or through their Head Office i.e. Health & Family Welfare Deptt.  Similar queries were also raised by Department of Higher Education and Department of Training and Technical Education. In this regard, it was clarified that initially every major department has to frame its EOP and also to ensure framing of separate EOPs by respective subordinate Offices.  Thus, every prime department will circulate necessary instructions / directions to all their subordinate offices/establishments for framing and submitting their EOPs directly to the Office of State Commissioner for Persons with Disabilities.

13. In the light of the above, the following recommendations are made:

(i) It is mandatory for every Department to frame an EOP and register the same with the Office of State Commissioner unless it is excluded from the definition of a “Government Establishment” as given in Section 2(k) of the RPwD Act, 2016.

(ii) All the respondent Departments except Department of Training and Technical Education, Urban 

(iii) Development Department and East Delhi Municipal Corporation are hereby directed to send a copy of their Equal Opportunity Policy (EOP) to this Department by 10.09.2021 (10thSeptember,2021).  

(iv) All the Respondent Departments are also directed to send  list of private establishments registered with or connected to their department / organisation alongwith their full addresses and contact details in soft copy by 10.09.2021.

14.     Accordingly, above cases are disposed of.

15. Given under my hand and the seal of the Court this 18th day of  August,  2021.

          

(Ranjan Mukherjee)
                      State Commissioner for Persons with Disabilities 


Annexure-I : Attendance Sheet

Respondent Departments:


1. Department of Health & Family Welfare

Dr. Yogesh Kataria, Nodal Officer for matters relating to PwDs (H&FW Deptt.)
Dr. G.C. Malik, Nodal Officer for PwDs (Pd. Madan Mohan Malviya Hospital)
Dr. B. Kanhar, Consultant (Ortho), Disability incharge, (Aruna Asaf Ali Govt. Hospital)
Dr. V.P. Khari, Aruna Asaf Ali Govt. Hospital
Dr. Chetan Ray, CMO, G.B. Pant Hospital
Dr. Neeta Wardhan, Professor, Lady Hardinge Medical College
Dr. Namita, (CP Disability Branch), Baba Saheb Ambedkar Hospital
Ms. Meena Jain, Asst. Director, Baba Saheb Ambedkar Hospital
Dr. Monalisa, CMO, MRD Deptt. Safdarjung Hospital
Ms. Satya, Medical Record Officer, Safdarjung Hospital
Dr. Ritu Verma, Jag Pravesh Chandra Hospital
Dr. Krishan Dev, Guru Teg Bahadur Hospital
Dr. Mondeep, IHBAS
Dr. N.S. Khurana, Deep Chand Bandhu Hospital

2. South Delhi Municipal Corporation

Sh. Muktamay Mandal, Addl. Director (Education)
Sh. Raman Kumar
Sh. C.S. Mangla

 3. Delhi Fire Services

Sh. Rajinder Atwal, Divisional Officer

4.  Directorate Of Training & Technical Education

Sh. B.S. Negi, Dy. Director (Trg.) TTE HQ
Sh. Vipin Kumar, JTA
Sh. Upreti, STA

 5. New Delhi Municipal Council

Sh. K.C. Raju, Director (Personnel) 

6. East Delhi Municipal Corporation

Sh. Ravinder Kumar, Asst. Commissioner
Sh. O.P. Jha, EE
Sh. Indervir Singh, AE (R)

7. Directorate of Higher Education

Sh. Vinay Kaushik, Dy. Director
Sh. Yagdutt Sharma, ASO

8. Urban Development Department

Sh. K.C. Surender, Add. Secretary
Sh. Rajesh Ranjan, Dy. Secretary

9. O/o Registrar Co-operative Society

None Present


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