In the Court of State Commissioner for Persons with Disabilities
National Capital Territory of Delhi
25- D, Mata Sundri Road, Near Guru Nanak Eye Centre, New Delhi.
Phone-011-23216002-04, Email: comdis.delhi@nic.in
[Vested with powers of Civil Court under the
Rights of Persons with Disabilities Act, 2016]
Case No. 1735/1111/2019/12 /3032- 34 Dated:22-02-21
In the matter of:
Sh. Nathu Ram Nishad,
373, Lancers Road, Timarpur,
Delhi-110054 ....... Complainant
Versus
The Director,
Directorate of Education,
Old Secretariat, Delhi-110054 .....Respondent No.1
The Deputy Director (North),
Directorate of Education,
Lucknow Road, Delhi-110054 .......…Respondent No.2
Date of Hearing: 19.02.2021
Present:
Sh. Nathu Ram Nishad, Vice-Principal, Complainant.
Sh. Ramesh Chand Kataria, Asstt. Section Officer, on behalf of Resp. No. 1 & 2.
ORDER
1. The State Commissioner for Persons with Disabilities expressed his displeasure on the fact that in spite of summons being served to the Director (Education), no senior official from the Education Department was present during the hearing and instead a comparatively lower officer of the rank of Asstt. Section Officer, Sh. Ramesh Chand Kataria was sent to attend the court’s hearing.
2. During the hearing, representative of the respondent submitted reply dated 18.02.2021, copy of the same has also been handed over to the complainant. Vide which it was informed that the grievance of the complainant regarding pseudonymous complaint dated 24.10.2019 has been redressed completely as the complaint was formally filed.
3. On perusal of above reply it is revealed that the respondent only dealt with one aspect of this complaint. The complainant sought relief mainly on the following two points:
(i) Quashing of his APAR 2018-19 written by Sh. Y.K. Sharma, Retd. Principal, which is not correct as per existing rules, as he wrote his APAR in revengeful and malafide intentions;
(ii) Grant of MACP-II.
4. In light of the above, the following directions are made:
(i) The APAR of the complainant for the year 2018-19 written by Sh. Y.K.Sharma, Retired Principal should be quashed.
(ii) With regard to grant of MACP-II to the complainant, which is pending since 25.01.2020, respondent is directed to submit an ATR within 7 days from the date of receipt of this order.(iii) APAR for the year 2018-19 of the complainant should not be considered as a negative point for his promotion in due course.(iv) Respondent No. 1 is also directed to constitute the District-wise Grievance Redressal Committees as per Rights of Persons with Disabilities Act, 2016 consisting of persons with disabilities including visually impaired persons for looking after of such genuine complaints. An action taken report in this regard be submitted by 26.02.2021.
5. The case is disposed of with the above recommendations.
6. Given under my hand and the seal of the Court this 19th day of February, 2021.
(Ranjan Mukherjee)
State Commissioner for Persons with Disabilities
