Gurubax Singh Vs. The Chief Manager, Syndicate Bank | Case No. 279/1143/2018/05/9576-80 | Dated: 29.08.2018

Gurubax Singh Vs. The Chief Manager, Syndicate Bank | Case No. 279/1143/2018/05/9576-80 | Dated: 29.08.2018 Pensioner acquired mental health issues (dementia) and Bank denied to withdrawal of pension by family member without appointment of legal guardian by a competent court. The new Rights of Persons with Disabilities Act 2016 has removed the plenary guardianship from the statute book. It only allows supported decision making and has introduced a concept of 'limited guardian' to help the person with disability to take legally binding decisions. The state has not created a mechanism for supporting such a person, however and people in precarious conditions such as in the present case, are suffering. Here is the judgement which partially tries to raise awareness.

Julie Vs. DM, District North Alipur | Case No. 4/868/2015-Wel/CD/5037-40 | Dated: 08.02.2018

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, Email: comdis.delhi@nic.in

[Vested with powers of Civil Court under the

Rights of Persons with Disabilities Act, 2016]

Case No. 4/868/2015-Wel/CD/5037-40                   Dated: 08.02.2018

In the matter of:

Ms. Julie,

D/o Sh. Ramdev,

Khasna No. 22, Mother Home, GTK Road,

Libaspur, New Delhi-110042.                                .……… Complainant     

                                                                     Versus

The District Magistrate,

District Magistrate Office Complex,

District North, Alipur, Delhi-110036.                           .....…Respondent

Email: SDM (Alipur) - sdmalipur@gmail.com

        

ORDER

              Sh. Ramdev Father of Ms. Julie, vide his complaint dated 23.12.2014 submitted that his daughter was going to Mother Home, Khasra No. 22, GTK Road, Libaspur, New Delhi-110042 for education and rehabilitation for the last 10 years.  He is poor and belongs to SC community and the entire family is illiterate.  As he keeps shifting from one place to another, he has given Mother Home address for communication.

2.           The complaint was taken up with the respondent vide communication dated 13.01.2015 whereafter one Sh. Dilip Kumar R/o  Khasra No.22, Karuna Path, GTK Road, Libaspur, Delhi-110042 vide his letter 13.04.2015 enquired about the status of the case.  As there was no response even after exchange of a number of correspondence, it was decided to hold a hearing on 07.02.2018.

 3.          During the hearing on 07.02.2015, the representative who appeared on behalf of the respondent submitted a letter dated 05.02.2018 from Ms. Ira Singhal, SDM (Alipur), Delhi, as per which the documents pertaining to the case were not traceable in her office. Therefore, the field staff was directed to visit the complainant at the given address.  However, it was reported that the complainant did not reside at the given address.  She has therefore, requested that the complainant may be directed to provide a copy of the representation of the complainant to take necessary action.

4.           Sh. Dilip Kumar, who appeared on behalf of the complainant, Sh. Ramdev, father of Ms. Julie submitted that Ms. Julie lives with her parents at Yadav Nagar. Her parents shift from one place to another.  Hence have no permanent address. She regularly visits the Mother Home for various activities being conducted for persons with disabilities including those with intellectual disabilities.  However, at the time the concerned officials visited the Mother Home, he was not present and the staff of the home could not give full facts. 

5.           It is observed that the certificate issued by NIMH, Regional Centre, Ministry of Social Justice and Empowerment, Lajpat Nagar, New Delhi is not a valid disability certificate as it has not been issued by an authorised medical authority notified by the Central Govt. or the State Govt.     Sh. Dilip Kumar has therefore been advised to help the parents of Ms. Julie in obtaining the disability certificate in respect of Ms. Julie from the Institute of Human Behaviour and Allied Sciences (IHBAS).  He has assured to arrange the visit to IHBAS alongwith required documents as per Rule 17(2) of the Rights of Persons with Disabilities Rules, 2017 within a month for assessment of disability of Ms. Julie and certification.

6.           Director, IHBAS is advised to arrange assessment of disability of Ms. Julie and issue disability certificate if she is eligible, within one month from the date she visits the hospital.

7.           Sh. Dilip Kumar has also been advised to get in touch with Sh. Kailash Singh, Patwari to complete the required formalities for appointment of legal guardian in respect of Ms. Julie immediately after obtaining a valid disability certificate.   The representative of the respondent has also been given a set of papers available in the case file. 

8.           The respondent is advised to take necessary measures for appointment of legal guardian in respect of Ms. Julie under the National Trust for the Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities Act, 1999 at the earliest.  Necessary action for sanction of benefits such as disability pension, travel concession, etc. under various schemes meant for persons with disabilities be also taken through the concerned District Social Welfare Officer of Social Welfare Department.  Status report on receipt of disability certificate, sanction of benefits, application for guardianship certificate and appointment of legal guardian be submitted as soon as the relevant action is taken and an action taken report be finally submitted to this Court within three months from the date of receipt of this order as required under Section 81 of the Rights of Persons with Disabilities Act, 2016. Sh. Dilip Kumar is also advised to intimate to this Court/concerned authority, the status and difficulty if any, faced at any stage.

9.           Given under my hand and the seal of the Court this 08^th day of February, 2018.

           (T.D. Dhariyal )

                      State Commissioner for Persons with Disabilities

Copy to:1.    The Director, Institute of Human Behaviour and Allied Sciences, Jhilmil Colony, Dilshad Garden, Delhi-110095 for information and necessary action.
2.   Director(Social Welfare), GLNS Complex, Delhi Gate, New Delhi for issuing necessary direction to the concerned District Social Welfare Officer.

View the digitally signed PDF Order here: 

Smt. Suman, M/o Ms. Nisha Vs. Divisional Commissioner, Deptt of Revenue | Case No. 4/1116/2015-Wel/CD/4012-4013A | Dated: 29.01.2018

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, Email: comdis.delhi@nic.in

[Vested with powers of Civil Court under the

Rights of Persons with Disabilities Act, 2016]

Case No. 4/1116/2015-Wel/CD/4012-4013A          Dated: 29.01.2018

In the matter of:

Smt. Suman, M/o Ms. Nisha,

A-297-298, Block A, Shahbad Dairy.

New Delhi-110042.                                                .……… Complainant     

                                                                     Versus

The Divisional Commissioner,

Department of Revenue, GNCT of Delhi,

Sham Nath Marg,

New Delhi-110054.                                                      ...…Respondent

        

ORDER

              The above named complainant vide her complaint dated 03.08.2015 submitted that she had submitted the papers in the Office of the Divisional Commissioner-Cum-Secretary(Revenue)  for guardianship of her 20 years old daughter Ms. Nisha, who is a person with mental retardation.  No further action has been taken. She requested to pass an order for issuance of guardianship certificate in respect of Ms. Nisha. 

2.           The matter was taken up with the respondent vide communication dated 23.09.2015 followed by reminders dated 02.11.2015, 24.11.2015, 15.02.2016, and 04.07.2016.  National Trust was also requested vide letter dated 08.11.2016 to take necessary action for appointment of legal guardian in respect of Ms. Nisha. 

3.           When the matter was scheduled for hearing vide notice dated 20.02.2017, SDM(HQ), District (North) vide letter dated 21.03.2017 submitted that the relevant papers were not found in his office. One Sh. R.K. Sharma, Section Officer(Admn.) collected the papers on the date of hearing on 29.03.2017.  Thereafter, Sh. R.K. Sharma vide letter dated 09.05.2017 requested Smt. Suman and Sh. Satish Kumar, the parents of Ms. Nisha to see him in R.No. 29, District Magistrate (North), Alipur, Delhi-110036 on any working day.  As there was no communication from either party,  the complainant was advised to submit the comments, if any on the letter of the respondent  vide letter dated 01.08.2016.  However, the letter was received back with the remarks of the postal authorities that the addressee could not be traced.

4.           As it was also observed that the disability certificate submitted by the complainant alongwith her complaint was not issued by the appropriate medical authority, she was contacted on the given Mobile Number 9958600861 on 16.01.2018 and 18.012018. Sh. Satish Kumar F/o Ms. Nisha informed that Maharishi Valmiki Hospital has issued a disability certificate for 70% mental retardation in respect of his daughter.  He also informed that the SDM Office has issued a yellow card and told him that the card can be used for all purposes including guardianship purpose. When contacted on another number – 9899335009 mentioned in the copy of Form-A for appointment of guardian,  one Sh. Dilip Kumar,  Honorary Director, Mother Home, GT Karnal Road, Libaspur, answered and said that despite best efforts, he could not succeed in getting the guardianship of Ms. Nisha.

5.           It seems that the yellow card issued by the Revenue Department in respect of Ms. Nisha is the disability Identity Card and not the guardianship certificate under the National Trust for the Welfare Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities Act, 1999 (National Trust Act).

6.      As per Section 13 of the National Trust Act, the Local Level Committee shall consist of an officer of civil service of the union or of the state, not below the rank of a District Magistrate or District Commissioner of a district.  In Govt. of NCT of Delhi the District Magistrates head the Local Level Committees.  Section 14 of the said Act mandates the Local Level Committee, among other things,  to receive process and decide applications of a guardian and make the recommendation for appointment of a guardian under National Trust Act and send the same to the board.  As per Rule 6 of National Trust Rules 2000, the Chairperson National Trust shall be responsible for proper functioning of the Trust including Local Level Committees and ensure implementation of the policies and programmes of the Trust.

7.      Section 81 of the Rights of Persons with Disabilities Act, 2016 provides that whenever the State Commissioner makes a recommendation to an authority in pursuance of Clause (b) of Section 80 that authority shall take necessary action and inform the State Commissioner of the action taken within 3 months from the date of receipt of the recommendation.  The said Act also provides for punishment for contravention of the provision of the Act or Rules or Regulations made thereunder and for failure to furnish information.

8.           In the facts and circumstances of this case, it is recommended that the respondent should direct the concerned officers to contact the parents of Ms. Nisha and help them apply for appointment of guardian in respect of Ms. Nisha under the National Trust Act within 3 months from the date of receipt of this order and intimate this Court as required under Section 81 of the Rights of Persons with Disabilities Act, 2016.  Sh. Dilip Kumar, Honorary Director of Mother Home, GT Karnal Road, is also advised to assist the complainant in getting the guardianship certificate.

9.           Chairperson National Trust for Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities is also advised to take appropriate measures to ensure that guardian is appointed under the National Trust Act in respect of Ms. Nisha and inform this Court within 3 months from the date of receipt of this order.

10.         Given under my hand and the seal of the Court this 29^th day of January, 2018.

           (T.D. Dhariyal )

                      State Commissioner for Persons with Disabilities

Copy to:- The Chairman, National Trust for Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities, 16-B, Bada Bazar Road, Old Rajinder Nagar, Rajinder Nagar, Delhi-110060; with the request to take action as advised vide Para 09 of this order.

View the digitally signed PDF Order here: