Showing posts with label use of derogatory language about disability. Show all posts
Showing posts with label use of derogatory language about disability. Show all posts

Tuesday, March 6, 2018

Sh. Ram Naul Tyagi Vs. Directorate of Economics & Statistics | Case No. 4/1098/2015-Wel-CD/5893-95 | Dated: 05.03.2018

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
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.  4/1098/2015-Wel-CD/5893-95                                  Dated: 05.03.2018

In the matter of:

Sh. Ram Naul Tyagi
Retired Head Clerk
R/O H.No. 286, Gali Mangal Bazar
Vill. Post Burai, Delhi -110084                                         ...............Petitioner
Versus
The Director
Directorate of Economics & Statistics
GNCT of Delhi
3rd Floor, B-Block, Vikas Bhawan –II
Near Metcalf House, New Delhi -110054                        ...................Respondent

ORDER

            Sh. Ram Naul Tyagi, a person with blindness vide his representation addressed to Pr. Secretary (Planning) forwarded with his e.Mail dated 02.09.2017 alleged harassment by Dy. Director, Dr. Shikha Anand, HOO, DES.  The complainant submitted that he was working as UDC in the Directorate of Economics and Statistics. Dr. Shikha Anand, DD and Head of Office shouted and rebuked him on 18.02.2015 and 18.02.2016.  She used derogatory language about his disability.  She also frequently taunted him that his disability certificate was fake.  The other issue was about rejection of his travel claim by Dr. Anand despite the fact that journey had been verified by the Office Superintendent.  A complaint dated 22.12.2015 along with a letter dated 07.01.2016 of Association for Rights for Disabled Persons addressed to Chief Commissioner for Persons with Disabilities was also received from the court of Chief Commissioner for Persons with Disabilities vide letter dated 29.02.2016.  It has been stated therein that Dr. Shikha Anand was selected for the post of Director in the Ministry of Labour and Employment, Government of India, though a case was pending against her in the court of Commissioner for Persons with Disabilities, Government of NCT of Delhi.  The said complaint was also forwarded to the respondent vide communication dated 03.06. 2016.

2.         The complaint was taken up with the respondent vide communication dated 8.9.2015. 

3.         The respondent vide letter dated 23.09.2015 informed that a committee of Sh. D.B. Gupta, DD and Shaan-E-Alam AD of Directorate of Economic Services was constituted to go through the complaint.  The Committee submitted a preliminary fact finding report dated 21.09.2015.  As per the report, the allegation regarding misbehaviour by Dr. Shikha Anand was not proved as the complainant could not provide any proof.  Head of Office in turn alleged that the complainant had misbehaved with her on several occasions and used foul language.  However, keeping in view the dignity of the post and the age of the petitioner and to keep office atmosphere cordial, she only informed the Head of Department and did not issue any Memo to him.  As regards his transport/conveyance bills, Dr. Shikha Anand, Head of Office had personally instructed the complainant to use the official vehicle instead of auto for outdoor duty.  Hence she refused to clear the said bill, though the Office Superintendent had verified the bill.  After receipt of the complaint, the Head of Department instructed that the complainant may not be assigned any outdoor duty. 

4.         A hearing was held on 20.06.2016. The complainant requested for an independent enquiry.  It was observed that preliminary enquiry did not record the statement of the complainant and the persons present in the office during the incident.  The respondent was directed to make the payment of conveyance bills vide ROPs dated 23.06.2016. 

5.         In compliance, the respondent directed Sh. D.B. Gupta, DD and Sh. Shan-E-Alam, the then Asstt. Director to furnish the supplementary report vide Office order dated 6.7.2016.  The complainant was also asked to submit the names of the persons present in the office during the incidence vide letter dated 13.07.2017.  After reminders the complainant vide his letter dated 19.08.2106 intimated that Sh. Santosh Kumar, LDC of Caretaking Unit was present at the time of the incident. 

6.         The respondent vide letter dated 6.09.2016 submitted a fact finding report alongwith the statement of Sh. Santosh Kumar, LDC and answer to the questions asked by the Committee.  The contents of the said letter are reproduced below:

Sub:  Supplementary Fact Finding Report regarding harassment case against Dr. Shikha Anand (Ex-Dy. Director/HOO) filed by Sh. R.N. Tyagi (Retired Head Clerk) before the court of Commissioner for Persons with Disability, GNCTD.
Ref. Case No. 4/1098/2015-Wel/CD/481-82, dated 23.06.2016.
It is stated that a fact finding committee consisting of Sh. D.B. Gupta, Dy. Director, Planning Department and Sh. Shan-E-Alam, Dy. Director, DES is constituted in the above said matter to furnish supplementary report, Sh. R.N. Tyagi, (Retired Head Clerk)had been asked to submit the names of the persons who were present at the time of incident reported by him vide this office letter dated 13.07.2016.
Sh. R.N. Tyagi appeared personally before Sh. Shan-E-Alam, Dy. Director and expressed his wish to settle the matter with the mutual consent.  Accordingly, it was conveyed to Dr. Shikha Anand, Director, DGET, M/o Labour & Employment, Government of India.  It was decided to hold a meeting on mutually agreed date and time i.e. on 28.07.2016 at 4,00 p.m. in the DES.  Dr. Shikha Anand attended the meeting, however, Sh. R.N. Tyagi could not attend the meeting and also switched off his mobile during the scheduled time of the meeting. 
A letter dated 12.08.2016 was again sent to Sh. R.N. Tyagi requesting him to submit the names of the persons present in the office during the incident reported by him in his complaint.
Sh. R.N. Tyagi submitted name of Sh. R.N. Tyagi requesting him to submit the names of the persons present in the office during the incident vide his letter dated 19.08.2016.  Further vide letter dated 24.08.2016, the committee requested to the said witness to present at a hearing regarding this incident on 26.08.2016 at 4.30 PM in the room of Sh. D.B. Gupta, Dy. Director, Planning Department, 6th Level, B-Wing, Delhi Secretariat, I.P. Estate, New Delhi.
Sh. Santosh Kumar attended for hearing on the prescribed date and time and a statement in writing was submitted by him which is enclosed herewith for kind perusal.  Further, the committee have also asked some relevant questions to Sh. Santosh Kumar, LDC and his answers to the questions given in his own handwriting is also enclosed herewith for kind perusal.  On the basis of testimony of Sh. Santosh Kumar, LDC in the present case, this Committee has arrived at the opinion that allegations made by Sh. R.N. Tyagi in his complaint is not supporting the version of the complainant.
(D.B. GUPTA)
DY. DIRECTR (PLANNING)
(SHAN-E-ALAM)
DY. DIRECTOR, DES

7.         The respondent also informed that the payment of conveyance bills amounting to Rs. 510/- had been made. 

8.         Vide his letter dated 15.01.2018 the complainant alleged that the supplementary inquiry was conducted by the subordinates of Dr. Shikha Anand and requested to dismiss the fact finding report submitted by them.  He also alleged that neither the complainant was called nor his statement was recorded and the report which was based on the statement of Sh. Santosh Kumar, LDC, was not forwarded to him.  A hearing was therefore scheduled on 22.02.2108.

9.         During the hearing the complainant reiterated, that the two officers who conducted the enquiry were biased against him and therefore, enquiry should be conducted by an outside agency.  Dr. Shikha Anand, who is a Director in DGET, Ministry of Labour and Employment, Government of India, should be called and interrogated. 

10.       The representatives of the respondent submitted that the enquiry report is based on the written statement of Sh. Santosh Kumar, LDC who was identified as a witness by the complainant himself.  Hence, the report is based on facts.  Since, the conveyance amount has also been paid to the complainant, the case should be closed. 

11.       Subsequently, the complainant requested to inspect the case file and to see the statement of Sh. Santosh Kumar as he suspected that his statement may have been modified.  The complainant was informed that he could inspect the papers contained in the file on any working day.   Sh. Santosh Kumar visited this court on 27.02.2018 at 3.45 p.m.  He was shown his written statement dated 26.08.2016 and answers to the questions given to him by the Enquiry Committee.  He confirmed that the said statement and answers were indeed written by him and there was no pressure of any kind to make the statement.  He reconfirmed that Dr. Shikha Anand did tell him that she did not want Sh. Tyagi to enter her room and she did not like him and he should not enter her room in future also.  He denied that Dr. Shikha Anand used any derogatory remarks around his disability like ‘Andha’.

12.       During the hearing, it was observed that the complainant was feeling extremely hurt and humiliated because of the treatment meted out to him by Dr. Shikha Anand.  It is however, difficult for an employee to put together the evidence in support of such incidents that may happen at work place.  It would be extremely difficult even for Committee comprising officers from outside the Department to prove such incidents beyond doubt.  Unfortunately, the attempt made by the department to make the parties sit together did not succeed as the complainant could not reach the place.  However, it is always possible to work towards sensitizing all concerned on the issues relating to the dignity of persons with disabilities.   Section 3 (i) of the Rights of Persons with Disabilities, 2016 mandates the appropriate government to ensure persons with disabilities enjoy the right to equality, life with dignity and respect for his or integrity equally with others.  Section 92 of the said Act also provides for punishment for intentionally insulting or intimidating with intent to humiliate a person with disability in any place within public view.  In the light of the circumstances of this case, a copy of this order is being sent to Dr. Shikha Anand, Director, DGET to introspect on the issue and be magnanimous to reach out to the complainant to assuage his hurt feelings and reassure him of equal treatment.

13.       The complaint is disposed off.       

14.       Given under my hand and the seal of the Court this 28th day of February, 2018.
                                                                           
(T.D. Dhariyal )
                                      State Commissioner for Persons with Disabilities
Encl: As above 

Copy to:

Dr. Shikha Anand, Director, DGET. M/o Labour and Employment, Government of India, Shram Shakti Bhawan, Delhi with reference to para no. 12 of this order