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. 1061/1141/2019/08/5395-5396 Dated:
11.09.2019
In the matter of:
Sh. Kapil Kumar
Aggarwal,
National President,
Federation of Disabled Rights,
G-332, Mangolpuri,
New Delhi-110083. ........
Complainant
Versus
The General Manager
DSFDC,
Ambedkar Bhawan, Sector-16,
Rohini,
Delhi-110085. .........Respondent
Date of Hearing: 09.09.2019
Present: Sh. Kapil Kumar Aggarwal, complainant in
person.
Sh. A.K. Bhatnagar,
Manager Financial and Planning and Sh. Amarjit Singh, Assistant Manager for
respondent.
order
The above named complainant,
a person with 65% locomotor disability and National President, Federation for
Disabled Rights vide his letter dated 05.03.2018 submitted that there is no
representative of persons with disabilities as Member of the Board of Directors
of SC/ ST/ OBC/ Minorities/ Handicapped Financial & Development Corporation
of Delhi. He requested that necessary
directions may be issued to Delhi Govt. to nominate a representative of persons
with disabilities as Member of the said Board.
2. The
matter was taken up with the General Manager, DSFDC vide letter dated 21.05.2019
followed by letters dated 04.07.2019 and 06.08.2019 that a person with
disabilities should be included in the Board of the said Corporation.
3. A
hearing was scheduled on 09.09.2019. In
the meantime, vide letter dated 13.08.2019 the respondent submitted as under:
“Sir,
This is with reference to your letter No.
07/1772/2018-Wel/CD/3214 dated 04/07/2010 on the subject cited above. In this
regard I am directed to inform you that as per Clause 53(1) of Article of
Association of DSFDC (copy enclosed), it is provided that "the number of
Directors of the Company shall not be more than thirteen(13) and less than
three(3) provided that not less than three(3) Directors shall belong to
Scheduled Caste, One(1) Director shall belong to Other Backward Classes, One
(1) Director shall belong to Scheduled Tribes, One (1) Director shall belong to
Minorities and Secretary (SC/ST/OBC/Minorities) shall also be a director out of
the thirteen(13) Directors appointed by the Lt. Governor."
Further as on date there are 13 directors on the Board of
DSFDC as per notification placed opposite in the file. As per the notification,
the than Chairman Sh. Sandeep Kumar has been replaced with the Present Chairman
Sh. Rajender Pal Gautam and Sh. Sanjeev Tanwar, Director and representative of
OBC has been replaced by Sh. Chand Panchal. Not only this, the Chairman cum
Managing Director of National Handicapped Financial & Development
Corporation is also one of the directors to look after the interest of persons
with disability. Hence as on date the
Board of DSFDC has the full strength and has is no scope for addition.
This is for your information please.
Thanking you
Yours
faithfully,
(A.P.
Singh)
Dy.
Manager
4. On
the date of hearing, the representative of respondent, Sh. A.K. Bhatnagar,
Manager (Planning) F&A submitted that the matter was examined in detail and
put up to Hon’ble LG through Department of Welfare of SC/ST/OBC/Minorities,
GNCT of Delhi, the Administrative Department.
It was decided that CMD, National Handicapped Finance Development
Corporation (NHFDC) may be included as one of the Directors of the Corporation
who will take care of the interest of persons with disabilities. They also informed this Court vide letter
dated 25.09.2018. However, the said
letter is not available in the case file.
Since the complainant was also not provided a copy of the said replies,
the matter was further pursued and a hearing in the matter had to be
scheduled.
5. The
complainant submitted that the issues concerning persons with disabilities can better
be put forth by persons with disabilities themselves and therefore a member
with disability should represent their interests.
6. While
CMD, NHFDC will watch and safeguard the interests of persons with disabilities
as does the respondent organization, it is a fact that a person who has the
lived experience of disability would better be in a position to effectively put
forth the interests of persons with disabilities.
7. In
view of the above, it is recommended genuine efforts should be made to appoint
a person with disability who has good knowledge and experience about the issues
concerning the rights of persons with disabilities in Delhi whenever the next
vacancy of any Director is filled up.
8. The
matter is disposed of.
9. Given under my hand and the seal of the Court
this 11th day of September, 2019.
(T.D.
Dhariyal)
State Commissioner for
Persons with Disabilities
