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
[Vested with powers of Civil Court under the
Rights of Persons with Disabilities Act,
2016]
Case
No. 594/1111/2018/10/1097-1099 Dated: 01.03.2019
In the matter of:
Sh.
Ram Kumar Rai,
4/2595,
Beadon Pura,
Karol
Bagh, New Delhi-110005. ……………..Complainant
Versus
The Dy.Commissioner
of Police,
(Central District),
Police Station
Daryaganj Complex,
New Delhi-110002. ..…………..Respondent
Date of hearing: 26.02.2019
Present: Sh Ram Kumar Rai Complainant
alongwith Sh. Deepak Dewan Advocate,
Sh. Satyapal, Inspector, on behalf of the
Respondent.
ORDER
The above named complainant, a person with 88%
locomotor disability vide his complaint dated 05.10.2018 submitted that he runs
a PCO booth near Karol Bagh Police Station allotted to him by MCD under the quota reserved for persons with
disabilities. He learnt that Sh. Jang
Bahadur, a person with disability who had also applied for a PCO booth, was not
allotted the same. He also came to know
that Sh. Vishnu Kumar Sindhi in connivance with some employees of MCD had got
the PCO booths meant for persons with disabilities transferred in the name of
his relatives and friends based on forged documents. Most of such PCO booths have been allotted at
the residential address of Sh. Vishnu Kumar Sindhi. He discussed this matter with the Viklang
Sahara Samiti and a civil case has been filed in the Tis Hazari Court which is
pending. He also informed some television
channels about the PCO booth scam.
Scrutiny of the papers in respect of Sh. Jang Bahadur revealed that the
PCO booth which was allotted in the name of Sh. Jang Bahadur was being run by
Sh. Nand Lal Ahuja, who claimed that Sh. Jang Bahadur had sold the PCO booth to
him. The fact as per the complainant is
that neither Sh. Jang Bahadur sold the PCO booth nor he can do so as per the
rules.
2. The complainant alleged that Sh. Vishnu Kumar Sindhi has got a
number of PCO booths of disability quota allotted to the members of his family
and friends and has given them on rent to those who are not persons with
disabilities @ Rs. 50,000/- per month.
The complainant has further alleged that Sh. Vishnu Kumar Sindhi has
offered money to him and Sh. Jang Bahadur for withdrawing their complaints /
cases failing which, he has threatened them of dire consequences. The complainant therefore requested that
appropriate action be taken against Sh. Vishnu Kumar Sindhi and his associates
and he be provided police protection.
3. The complaint was taken up with the respondent, who vide letter
dated 16.01.2019 informed that:
“An enquiry into the matter
was got conducted through ACP/ Karol Bagh.
During the course of the enquiry, it is revealed that in this regard in
the complaint of Sh. Jang Bahadur, S/o Sh. Sodan Singh, R/o I*-27, Vijay Vihar,
Rohini, Delhi a case vide FIR No. 199/13 dated 25.08.2013 u/s
420/468/471/474/34 IPC has already been registered at PS Karol Bagh. The present complainant is also a witness in
this case. The accused Vishnu Kumar is
reported to be the key person in to the matter.
Co-accused namely Nand Lal Ahuja was arrested in this case on
27.08.2018. In pursuance of NBW and
charge sheet against him has also been filed in the Court. Accused Vishnu Kumar is also not cooperating
in the investigation and deliberately avoiding to join the investigation in the
case. Hence proceedings u/s 82 Cr.PC has
been initiated against absconder / accused.
Anticipatory bail application of the accused Vishnu Kumar has been
dismissed by the Hon’ble Court.
Further as far as the
allegations regarding, threat, section 506 IPC has already been added in the
case. Statement of the complainant Sh.
Ram Kumar Rai has been recorded in which he expressed his satisfaction over the
action taken by police. Further
investigation of this case is in progress.
All possible efforts are being made to arrest the accused persons Vishnu
Kumar.”
4. Thereafter the case was fixed for hearing on 25.01.2019 and during
the hearing Sh. Narayan Ojha, Sub Inspector submitted a status report dated
19.01.2019 forwarded by ACP, Karol Bagh.
As per the report, the allegations in the FIR, against the individuals involved
in this complaint namely, Sh. Vishnu Kumar and Sh. Nand Lal Ahuja who were
involved in getting the PCO booths allotted to persons with disabilities
transferred in the name of other persons based on forged documents, have been
found to be true. While Sh. Vishnu Kumar
is right now absconding, Sh. Nand Lal Ahuja was arrested on 27.08.2018 and the
charge sheet has been filed in the Court.
As Sh. Vishnu Kumar is not cooperating in the investigation, proceedings
under section 82 of CrPC have been issued.
Section 506 (2) IPC has also been added in the case. As investigation of the case is in progress
and all efforts are being made to arrest Sh. Vishnu Kumar and the matter is also
sub judice in various courts, no purpose would be served by keeping this complaint
pending and it may be filed.
5. The
complainant who was accompanied by Sh. Deepak Dewan, Advocate, submitted that
there are about 13 more PCO booths allotted to persons with disabilities but
have illegally been transferred / mutated in the name of persons without
disabilities. As the complainant had not
submitted the names of allottees with disabilities and the supporting
documents, Sh. Deepak Dewan, advocate stated that he would file a brief
synopsis alongwith relevant documents by 04.02. 2019.
6. The
complainant submitted that the people who are involved in the illegal transfer
of PCO booths continue threatening him of dire consequences, if he did not
withdraw the complaint. They have also
given him life threat. The complainant submitted the synopsis dated 30.01.2019 containing
the names of the accused persons and those, whose PCO booths under the quota
for persons with disabilities were got transferred / mutated by the said Sh.
Vishnu Kumar Sindhi in connivance with the MCD officials whose names have also
been mentioned in the synopsis.
7. During the hearing on 26.02.2019, the complainant who appeared
with Sh. Jang Bahadur reiterated his written submissions and added that he and
Sh. Jang Bahadur are being frightened by Sh. Vishnu Kumar Sindhi and
others. The complainant submitted that
he fears for his life and requested that he be provided police protection.
8. As per the status report dated 19.01.2019 submitted by ACP,
Karol Bagh the complaint is listed for hearing in the Court of Metropolitan
Magistrate, Tis Hazari Court for declaring Sh.
Vishnu Kumar Sindhi as proclaimed offender since he has
not been cooperating in the investigation and is absconding. Sh. Satpal, Inspector informed that as Sh. Jang Bahadur is a resident of I-27, Vijay
Vihar, Phase-II near Rohini Sector-5, Delhi, any action with regard to police
protection to him will be taken by the concerned Police station of that
District. As regards, Sh. Ram Kumar Rai, Karol Bagh Police Station will
take appropriate action.
9. The matter with regard to the allegation that Sh. Vishnu Kumar Sindhi
and others got the PCO booths allotted under the quota of persons with
disabilities illegally transferred / mutated in connivance with MCD officials has
been registered as Case No.760/1083/2019/02 based on the synopsis and taken up with the concerned
authorities separately.
10. In
the light of the above, the respondent is advised to take appropriate action to
ensure security of Sh. Ram Kumar Rai. As
regards the security of Sh. Jang Bahadur, DCP, Rohini District, Police Station
Begam Pur Complex, Delhi-85 under whose
jurisdiction Police Station Vijay Vihar falls, is advised to ensure that Sh. Jang Bahadur, S/o Sh.
Seodan Singh is not physically harmed by Sh. Vishnu Kumar Sindhi and others.
11. The case is disposed of.
12. Given under my hand and the seal of the Court this 1st
day of March, 2019.
(T.D. Dhariyal)
State
Commissioner for Persons with Disabilities
Copy to
the Dy. Commissioner of Police, Rohini District, Police Station, Begam Pur
Complex, Delhi-85.
