In
the Court of Commissioner for Persons with Disabilities
National
Capital Territory of Delhi
25- D,
Mata Sundari Road, Near Guru Nanak Eye Centre, New Delhi-2
Phone-23216002-04,
Telefax: 23216005
[Vested
with power of Civil Court under the Persons with Disability (Equal Opportunity,
Protection of Rights and Full Participation) Act, 1995]
Case No.
4/1348/2016-Wel./CD/3366-68 Dated:16.12.2017
In the matter of:
Sh. P.S. Dhama,
President, Joint Front of PwD & OBC
Teacher’s Association Delhi,
G-63, MCD Colony Dhaka, Kingsway Camp,
New Delhi-110009 ……… Complainant
Versus
The Commissioner,
North Delhi Municipal Corporation,
4th Floor, SPMC Civic Centre,
New Delhi-110002
....…Respondent
The Director,
Central Establishment Department,
North Delhi Municipal Corporation,
Dr. S.P.M. Civic Centre,
New Delhi -110002. ........Respondent
ORDER
The above named complainant, a
person with 40 % locomotor disability vide his complaint dated 19.07.2016
submitted that he is working as Principal in School of North Delhi Municipal
Corporation (North DMC). He was transferred
out under some conspiracy on 03.11.2015.
The entire staff and parents requested for cancellation of his
transfer. However, the then
Dy.Director(Education) relieved him on 04.12.2015 and suspended him without
giving him any opportunity. He was again
suddenly transferred on 18.07.2017 and was relieved on the same day. He further
submitted that he is entitled to be transferred to a place close to his house
as per the instructions. However, he was being discriminated against and
harassed. He also submitted that he had
filed a complaint before the Chief Commissioner for Persons with Disabilities
and this Court as his grievances were not redressed by the senior officers of MCD.
Because of his complaint, the Corporation had to fill the back log of
reserved vacancies in the post of Principal.
He also alleged discrimination in the matter of look after charge and
Current Duty Charge on the ground of his disability. He requested that his relieving order dated
18.08.2016 should be set aside.
2. The complaint was taken up with
the respondent vide communication dated 05.08.2016 followed by reminders dated
10.10.2016 and 29.11.2016. The
respondent submitted an Interim Report on 05.11.2016 and stated that on the
basis of complaints of two female teachers, a memo dated 29.06.2016 was issued
to the complainant. After considering
the facts of the matter, the competent authority ordered his transfer
immediately to a boys school. He was
therefore, transferred and relieved to MCPS Wazirpur Industrial Area, C-II vide
order dated 18.07.2016. The complainant
was suspended on 04.01.2016 for disobedience of official orders, misconduct and
obstruction of official work while working as Principal in MCPS Dheerpur. He was later on reinstated and posted in
MCPS, Parmanand Colony on 14.01.2016. As
regards his promotion to the post of School Inspector, the respondent submitted that it was in the
ambit of Central Establishment Department / North DMC. All his representations were forwarded to
DDE(Admn.) Education Deptt., North DMC for further necessary action. The said post
is a Group A Post.
3. The respondent vide letter dated
14.02.2017 added that the Look After Charge (LAC) of School Inspectors is
purely a temporary arrangement to deal with the shortfall of school Inspectors
for the smooth functioning of the Department. Under the North DMC, the charge
of LAC has been assigned to senior most eligible headmasters as all the School
Inspectors-LAC working with North DMC are senior Headmasters than the complainant. The EDMC or SDMC have their own arrangement.
Seniority of Headmasters of three DMCs is common and is being finalized. As regards request of the complainant for transfer
to EDMC, the same is done on mutual basis which was under the jurisdiction of Director Local
Bodies. The respondent further informed that a departmental enquiry was pending
against the complainant and his promotion to the post of SI can be considered
only after the enquiry in the case is over and the RRs to the post are
notified.
4. A copy of the reply of the respondent
was sent to the complainant vide letter dated 06.03.2017 at his address – G-63,
MCD Colony Dhaka, Kingsway Camp, New Delhi followed by reminder dated 02.08.2017 vide which he was
advised to submit his comments if any,
by 10.08.2017 failing which the case would be closed. Till date no response whatsoever
has been received from the complainant. In
view of this, the complaint is closed.
Given
under my hand and the seal of the Court this 13th day of December, 2017.
(T.D. Dhariyal )
Commissioner for Persons with Disabilities
