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.
4/1098/2015-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
