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. 806/1121/2019/03/1787-1789 Dated :10.04.2019
In the matter of:
Sh. Kapil Kumar Aggarwal
(Complainant)
Federation of Disabled Rights
Sh. Shivam Goswami (Victim)
G-332,
Mangolpuri,
New
Delhi-110083 .………..Complainant
Versus
The Secretary,
Deptt. of Health &
Family Welfare,
Govt. of NCT of Delhi,
9th Level, A-Wing, Delhi Secretariat,
New Delhi-110002 …………..Respondent No-1
The Medical Superintendent,
G.B. Pant Hospital,
1, Jawaharlal Nehru Marg,
New
Delhi-110002
..………..Respondent No 2
ORDER
Sh. Kapil Kumar Aggarwal, National President of Federation
of Disabled Rights filed a complaint dated 09.03.2019 on behalf of Sh. Shivam
Goswami,
a person with 90 % disability under the Rights for Persons with Disabilities
Act, 2016, hereinafter referred to as the Act. The complainant alleged that Sh.
Shivam Goswami was issued Railway Concession Certificate on 21.04.2012 and
06.02.2017 by G.B. Pant Hospital. He lost the certificate and therefore
approached G.B. Pant Hospital for issuing fresh Railway Concession Certificate.
G.B. Pant Hospital directed him to IHBAS, who advised him that the hospital
which issued the Disability Certificate should reassess him and issue the
Railway Concession Certificate.
2. The complaint was taken up with the
respondents Vide letter dated 19.03.2019 pointing out that persons with
disabilities and their families were being harassed by the concerned
authorities without appreciating the tremendous trouble such persons with
disabilities and their families have to undergo.” and the respondents were directed
to submit reply by 01.04.2019. Secretary (Health & Family Welfare) was also
advised to issue directions that the hospital / authority which issued the
original certificate shall reassess / re-issue the Disability Certificate
irrespective of change in jurisdiction.
3. When no response was received by the due
date i.e. 01.04.2019, the complainant was contacted on his given telephone
number. He informed that G.B. Pant Hospital has issued the Railway Concession
Certificate. Vide letter dated 30.03.2019 Dr. A.K. Mishra, Pr. Consultant in
Medicine (HAG), Chairman Disability Certificate Cell, G.B. Pant Hospital also
informed that the Railway Concession Certificate has been issued to Sh. Shivam
Goswami.
4. However, a copy of the direction issued to
the hospitals / authorities as recommended by this Court has not been received
from Deptt. of Health & Family Welfare.
5. In view of the above, while the complaint
is disposed off, it is recommended that Secretary, Deptt. of Health &
Family Welfare should issue the Circular as recommended vide order dated
14.03.2019 in case no. 722/1121/2019/02 on priority and inform this Court by 13.06.2019.
4. Given under my hand and the seal of the
Court this 10th day of April,
2019.
(T.D.Dhariyal)
State Commissioner for Persons with Disabilities
State Commissioner for Persons with Disabilities
