The website contains all the orders and judgements passed by the Court of the State Commissioner for Persons with Disabilities, Delhi starting March 2017.
Showing posts with label Withdrawn dismissed or closed cases. Show all posts
Showing posts with label Withdrawn dismissed or closed cases. Show all posts
Tuesday, December 3, 2019
Friday, September 28, 2018
Friday, September 21, 2018
Thursday, June 21, 2018
Saturday, June 9, 2018
Pradeep Kumar Vs. The Chairman, DSSSB | Case No. 155/1041/2018/03/7739-40 | Dated: 08.06.2018
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
[Vested with powers of Civil Court under the
Rights of Persons with Disabilities Act, 2016]
Case No. 155/1041/2018/03/7739-40 Dated: 08.06.2018
In the matter of:
Sh. Pradeep Kumar
S/o Sh. Zile Singh
R/o 1569 Near Brahman Chopal
Pna Mamur Pur, Narela
Delhi-110040. .……Applicant
Versus
The Chairman
Delhi Subordinate Service Selection Board
F-18, Institutional Area
Karkardooma,
Delhi-110092. ...…Respondent
Date of Hearing: 07.06.2018
Present: Sh. Pradeep Kumar, applicant in person.
Sh. LR Garg, Member DSSSB on behalf of respondent.
ORDER
The above named complainant, a person with 90% Locomotor disability vide his complaint dated 06.03.2018 submitted that DSSSB conducted the (Tier-I) examination for the post of Administrative Officer/Z.R.O. in Delhi Jal Board on 31.05.2015 after a gap of three years from the closing date of applications. The result of Tier-I examination was declared on 28.07.2016. But Tier-II examination had not been held. He therefore submitted that the examination process should be completed within six months.
2. The complaint was taken up with the respondent vide notice dated 13.03.2018 followed by a reminder dated 17.04.2018 and a hearing was held on 07.06.2018.
3. During the hearing on 07.06.2018, the representative of the respondent submitted a report dated 06.06.2018 as per which the Tier-II examination for the post code 67/12 has already been conducted on 03.06.2018. The complainant was issued an admit card and was also present in the examination. There was however, no discrimination against the complainant.
4. The complainant confirmed that he has appeared in the Tier-II examination on 03.06.2018. He further stated that as Tier-II examination was not being held for long, he filed this complaint. However, as the examination has already been held, he has no further grievance in this regard. In light of this, the complaint is disposed of.
5. Given under my hand and the seal of the Court this 08th day of June, 2018.
(T.D. Dhariyal)
State Commissioner for Persons with Disabilities
Thursday, March 8, 2018
Kamal Kant Vs. CEO BSES Rajdhani Power Ltd & Anr | Case No. 4/1012/2015-Wel/CD/5954-56 | Dated: 07.03.2018
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
[Vested with powers of Civil Court under the
Rights of Persons with Disabilities Act, 2016]
Case
No. 4/1012/2015-Wel/CD/5954-56 Dated: 07.03.2018
In the
matter of:
Sh.
Kamal Kant
S/o
Sh. Ram Sewak
H.No.
38, Near Chaupal
Saidullazab
Opposite Saket
New
Delhi -110030 .......Petitioner
Versus
The Chief Executive Officer
BSES Rajdhani Power Ltd.
BSES Bhawan, Nehru Place
Delhi -110019 ............Respondent
No. 1
The Deputy Commissioner of Police
Office of the Deputy Commissioner of
Police,
South District, Hauz Khas
New Delhi -110017 ..............Respondent
No. 2
Date of Hearing: 6.03.2018
Present: Sh. P. Bhaskar, Manager, BSES,
Sh. Vivek Rathi, Legal Retainer, BSES
ORDER
The above named complainant, a
person with 75% locomotor disability vide his complaint dated 5.06.2015
received from the court of Chief Commissioner for Persons with Disabilities
vide letter dated 18.06.2015, inter-alia submitted that he is a 38 years old person
with disability. On the evening of
7.10.2013, the main electric line cable of BSES fell on him at Hauz Rani, Press
Enclave, because of the negligence of the employees of BSES. His left leg had to be amputated below
knee. Police also did not investigate
the matter properly. He requested that
he should be rehabilitated and given appropriate compensation.
2. The complaint was taken up with the
respondents vide communication dated 24.06.2015.
3. Respondent
No. 1 vide letter dated 7.7.2015 submitted that as per their record no such
electrocution case of Sh. Kamal Kant occurred on 7.10.2013 at 7.30 p.m. There was also no complaint relating to the
electrocution. The complainant filed FIR
after 6 months of the alleged incidence.
Therefore, the complaint was false and fabricated.
4. Upon considering the rejoinder of the
complainant, hearings was held on 13.10.2015 and 10.11.2015, Respondent No. 2
vide letter dated 10.11.2015 submitted that during the investigation of the
case, no eye-witness of the incidence was found. BSES also informed that no conductor snapped
on 7.10.2013 in that area. The
investigation was still in progress to trace any eye-witness of the incidence.
5. As there was no further report, a
hearing was scheduled on 06.03.2018.
Neither the complainant nor anyone on his behalf appeared during the
hearing. The representatives of respondent No. 1 reiterated their submissions
filed vide letter dated 7.7.2015 and also produced break-down status of 11 KV
of Hauz Rani Press Enclave Road as per which there was no break down complaint.
6. As
per the letter dated 21.2.2018 filed by the Office of Dy. Commissioner of
Police, South District, the investigation of the case FIR No. 227/14 dated
02.04.2014 under section 338 IPC registered at Police Station Saket, was
completed in November, 2017 and an untraced report was filed in the court of
ACMM (South), Saket Court. The Hon”ble
Court disposed off the said case vide order dated 18.12.2017 after the
statement of the complainant. Respondent No. 2 also enclosed a copy of the said
order. In the said order, it is stated
that as per the final report under section 173 CrPC filed by Inquiry Officer,
no clue about the accused could be obtained despite efforts. The Hon’ble Court accepted the untraced
report and directed that the investigation be reopened as and when the clue with
regard to the accused is obtained.
8. In the light of the above, the
complaint is closed and disposed of accordingly.
9. Given under my hand and the seal of the
Court this 06th day of March,
2018.
(T.D.
Dhariyal)
State Commissioner for Persons with
Disabilities
Monday, March 5, 2018
Wednesday, February 28, 2018
T.R. Sharma Vs. Commissioner North Delhi Municipal Corporation | Case No. 13/1022/2017/10/5859-60 | Dated: 27.02.2018
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
[Vested with powers of Civil Court under the
Rights of Persons with Disabilities Act, 2016]
Case No. 13/1022/2017/10/5859-60 Dated: 27.02.2018
In the matter of:
Sh. T.R. Sharma
JSA (LDC), Education Department
Civil Lines Zone, Delhi-110054 ................
Complainant
Versus
The Commissioner
North Delhi Municipal
Corporation
Dr. S.P.M. Civic Centre
New Delhi-110002 ………...…Respondent
ORDER
The above named
complainant, a person with visual impairment filed a complaint dated 23.10.2017
in which he alleged that he was transferred from Civil Line Zone to Keshav
Puram Zone which is far away from his home.
2. The complaint
was taken up with the respondent on 30.10.2017 followed by hearing notice dated
18.11.2017. In the mean time,s a reply was
received from the respondent vide letter No. AC/A.S.O-IV/CED/NDMC/2017 dated
21.12.2017. As per the said letter, the
grievance of the complainant about his posting has been considered by the North
DMC and he has been retained in Education/CLZ vide office order No.
S.O-I/CED/NDMC/2017/2735 Dated 27.11.2017.
3. The above
reply was forwarded to the complainant on 12.01.2018 with advice to submit his comments,
if any, within 10 days failing which the matter would be treated as closed.
2. No communication
from the complainant has been received till date. Accordingly, the complainant
is closed and disposed off.
3. Given under my hand and the seal of the
Court this 27th day of February, 2017.
(T.D. Dhariyal)
State Commissioner for Persons with
Disabilities
Thursday, January 11, 2018
Hemlata Arya Vs. DSSSB | Case No. 4/1340/2016-Wel/CD/3790-91 | Dated: 10.01.2018
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
[Vested with powers of Civil Court under the
Rights of Persons with Disabilities Act, 2016]
Case No. 4/1340/2016-Wel/CD/3790-91 Dated: 10.01.2018
In
the matter of:
Ms.
Hemlata Arya
Hemlata723@gmail.com ....................Petitioner
Versus
The
Chairman
Delhi
Subordinate Services Selection Board
GNCT
of Delhi
FC-18,
Institutional Area
Karkardooma,
New Delhi -110092 ..................Respondent
ORDER
The above
named complainant vide her email dated 22.06.2016 submitted that she cleared
DSSSB exam of teacher (Social Science) is a SC Candidate. Before 3 months she underwent total Hip
Replacement Surgery of Right side and left side was also to be operated in
August, 2016. Due to this she has
problem in her legs. She wanted to know
whether she would be treated as a person with Locomotor Disability or not and
should she need a disability certificate after her second operation and whether
she would continue to be SC Candidate or will her candidature be cancelled due
to the Hip Joint Transplant. The said
email was received from Office of Chief Commissioner for Persons with
Disabilities vide email dated 22.06.2016.
2. The matter was taken up with DSSSB vide
communication dated 05.09.2016. DSSSB
vide letter dated 16.12.2016 informed that the complainant had applied under SC
Category and her nomination has also been considered under SC category. The Board cannot make any changes in respect
of her category, his educational qualifications; date of birth etc. and that
eligibility of candidate in all respects including caste status is to be
decided on the crucial date corresponding to their advertisement i.e.
20.03.2013. The letter dated 16.12.2016
of DSSSB was forwarded to the complainant for comments if any vide letter dated
24.01.2017, as no comments have been received from the complainant and
moreover, she is not a person of disability.
3. The
complaint is disposed off accordingly.
4. Given under my hand and the seal of the Court
this 09th day of January, 2017.
(T.D. DHARIYAL)
Commissioner
for Persons with Disabilities
Wednesday, January 3, 2018
Dr. Ram Kishan Vs. Registrar, Ambedkar University | Case No. 4/1009/2015/Wel./CD/3657-58 | Dated:02.01.2018
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
[Vested with powers of Civil Court under the
Rights of Persons with Disabilities Act, 2016]
Case No. 4/1009/2015/Wel./CD/3657-58 Dated:02.01.2018
In the matter of:
Dr. Ram Kishan,
R/o H. No. 224, Sarai Pipal Thala,
Near Adharsh Nagar,
Delhi-110033 ................ Petitioner
Versus
Registrar,
Ambedkar University, Lothian Road,
Kashmere Gate,
Delhi-110006. ………...…Respondent
ORDER
The above named
complainant, a person with 40% locomotor disability filed a complaint dated
18.06.2015 regarding recruitment for the post of Professor (Disability Studies)
in the School of Human Studies, Ambedkar University Delhi. The matter was taken up with the respondent,
the Registrar, Ambedkar University, Lothian Road, Kashmere Gate, Delhi. The respondent submitted a reply dated
07.07.2015 which was forwarded to the complainant vide letter dated 14.07.2015.
2. The
complainant submitted his rejoinder dated 26.08.2015 following which hearings
were held by former Commissioner on 22.09.2015 and 19.10.2015. The respondent informed that the matter was
before the Hon’ble High Court of Delhi which was confirmed by the complainant
on 13.12.2017. As the matter is sub-judie,
the complaint is closed.
3. Given
under my hand and the seal of the Court this 02nd day of January,
2018.
(T.D. Dhariyal )
State Commissioner for
Persons with Disabilities
Ishwar Kumar Jha Vs. DCP (West District) Delhi Police | Case No. 4/966/2015/Wel./CD/3662-63 | Dated: 02.01.2018
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
[Vested with powers of Civil Court under the
Rights of Persons with Disabilities Act, 2016]
Case No. 4/966/2015/Wel./CD/3662-63 Dated: 02.01.2018
In the matter of:
Sh. Ishwar Kumar Jha &
Sh. Ashish Kumar Jha
H. No. 81-B, Deep Vihar, Vikas Nagar,
Hastasal, New Delhi-110059 ................ Petitioner
Versus
The Dy. Commissioner of Police
Delhi Police, West District,
Police Station Rajouri Garden,
Delhi-110028. ………...…Respondent
Order
The above named complainants, persons with
blindness who are brothers vide their complaint dated 09.04.2015 received from
the Office of Chief Commissioner for Persons with Disabilities, on 22.04.2015
alleged that their neighbours Kripa Nand Jha and 16 others often passed derogate
comments regarding their disability and insulted them.
2. The matter was
taken up with the respondent vide notice 05.05.2015 followed by reminders dated
04.08.2015 and 08.09.2015. Vide his
reply dated 26.10.2015 the respondent informed that an enquiry revealed that both the
parties were of quarrelsome nature and in search of occasions for quarrels to
each other. The alleged Sh. Ramesh
Chander had also filed complaints against the complainant’s family. The allegations made in the complaints were
related to comments on the disability of the complainant. All the allegations were non-cognizable. However, action u/s. 107/150 Cr. P.C. had been
taken against both the parties to maintain peace. No police action was warranted. Vide another letter dated 18.11.2015, the respondent
stated that since no cognizable offense is made out, Hon’ble National Human
Rights Commission had also closed the complaint on 25.03.2015. Copy of the report received from the
respondent was forwarded to the complainants on 25.02.2016 for comments. However, no reply/comment has been received
till date.
3. The complaint is therefore closed and
disposed off accordingly.
4. Given under my hand and the seal of the Court
this 02nd day of January, 2018.
(T.D. Dhariyal)
State Commissioner for
Persons with Disabilities
Wednesday, December 27, 2017
Bhola Dutt Sati Vs. Secretary, Department of Health & Family Welfare | Case No. 4/888/2015-Wel./CD/ 3514-15 | Dated: 26.12.2017
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
[Vested with powers of Civil Court under the
Rights of Persons with Disabilities Act,
2016]
Case
No. 4/888/2015-Wel./CD/ 3514-15 Dated: 26.12.2017
In
the matter of:
Sh. Bhola Dutt Sati,
RZ-09,
Guru Harkishan Nagar,
Uttam
Nagar, Delhi-110059. ................ Petitioner
Versus
Secretary,
Department of Health
& Family Welfare,
9th
Level, Delhi Secretariat,
I.P.
Estate, New Delhi-110002. ………...…Respondent
ORDER
A complaint dated 02.12.2014 and 07.01.2015 of Sh. Bhola Dutt
Sati were received from the court of Chief Commissioner on 28.01.2015 regarding
non issuance of disability certificate.
2. The
complaint was taken up with the respondent vide communication dated 03.02.2015.
3. The
respondent vide letter number NDCL/1315/2014. GBPH/PGC (FPGC/2014/Annex.I/GBPH/598
dated 12.02.2015. submitted that the
grievance was against Janakpuri Super Specialty Hospital as Social Welfare
Department had earmarked it as Medical authority for issuance of disability
certificate for the resident of West Delhi where the complainant resides.
4. This
case was referred to Janakpuri Hospital and then IBHAS for neuro psychological
assessments but was refused one or other pretext. The complainant also not cooperated.
5. The
complaint was again called to attend Neurological OPD at GBPH and was advised
OT/PT/Neuropsychological assessments. OT
assessment releaved 9.8 % ADL lost of function.
A comprehensive reply was submitted by GB Pant Hospital dated
21.10.2015.
6. The
complainant was also contacted on his given telephone No.917503540938 on
06.12.2017 and was informed about the contents of the letter and that since the
medical authority has not found him to be a person with disability, no purpose
would be served by continuing the proceedings further.
8. Given
under my hand and the seal of the Court this 07th day of December,
2017.
(T.D.
Dhariyal)
State Commissioner for Persons with
Disabilities
Saturday, December 23, 2017
Ram Kishan Vs. Medical Superintendent VMCC, Safdarjung Hospital | Case No. 4/1346/2016-Wel./CD/3490-91 | Dated: 22.12.2017
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
[Vested with powers of Civil Court under the
Rights of Persons with Disabilities Act,
2016]
Case No.
4/1346/2016-Wel./CD/3490-91 Dated: 22.12.2017
In the matter of:
Sh. Ram Kishan,
H.
No. 224, Sarai Peepal Thala,
Near
Adarsh Nagar,
Delhi-110033 ................
Petitioner
Versus
The Medical
Superintendent,
VMMC, Safdarjung
Hospital,
Govt.of
NCT of Delhi,
Ansari
Nagar West,
New.
Delhi-110029
………...…Respondent
ORDER
Sh.
Ram Kishan, a person with locomotor disability filed a complaint that Dr. Anita
Ghai does not have a valid disability certificate and its authenticity may be verified.
2. The
matter was taken up with Medical Superintendent, BMC and Safdarjung Hospital,
Govt. of NCT of Delhi, Ansari Nagar West, the issuing authority for
verification of certificate. Vide
letter dated 19.10.2016 the hospital informed that medical records related to
disability for the year 1998 have been weeded out. Another communication was received from Professor
and Head (PMR) Dr. Nonical Laisram vide letter dated 03.11.2016 certifying that
Dr. R.K. Wadhwa, SAG Officer, Department of PMR had verified the original Disability
certificate held by Dr. Anita Ghai.
2. Dr.
Anita Ghai also visited this office and showed the original certificate to Dy.
Commissioner, Disability and found the certificate in order. In view of this, the complaint is closed.
3. Given
under my hand and the seal of the Court this 22nd day of December, 2017.
(T.D.
Dhariyal)
State
Commissioner for Persons with Disabilities
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