Ms. Nehal Trehan Vs. Dte of Education & Air Force Golden Jubilee Institute | Case No. 1948/1032/2020/09/3356-3358 | Dated:15-03-21

 

In the Court of State Commissioner for Persons with Disabilities

National Capital Territory of Delhi

25- D, Mata Sundri Road, Near Guru Nanak Eye Centre, New Delhi.

Phone-011-23216002-04, Email: comdis.delhi@nic.in

[Vested with powers of Civil Court under the 

Rights of Persons with Disabilities Act, 2016]

Case No. 1948/1032/2020/09/3356-3358              Dated:15-03-21

In the matter of:

Ms. Nehal Trehan,  
34/20, Second Floor,  
West Patel Nagar,
New Delhi – 110008.     ................ Complainant
(Email: nehal9250200000@gmail.com)
    
Versus

The Director,
Directorate of Education, 
GNCT of Delhi,
Old Secretariat, Delhi-110054.               ..............…Respondent No. 1 

The Principal,
Air Force Golden Jubilee Institute,
Subroto Park, New Delhi – 110010.     ..............…Respondent No. 2
Date of Hearing: 12.03.2021

Present: Ms. Nehal Trehan, Complainant

  Sh. Pankaj Trehan, On behalf of the complainant

Dr. Sudhakar Gaikwad, Deputy Director (Education) and Sh. Rahul Dev, Legal Asstt., Dte. of Education, on behalf of Respondent No. 1

Ms. Ruchita Karthikeyn & Sh. Amresh Chandra, Principals, Air Force Golden Jubilee Institute on behalf of Respondent No. 2 

ORDER

Ms. Nehal Trehan, mother of Ms. Hareena Trehan, a girl child with 80% Autism Spectrum Disorder disability complained vide e-mail dated 24.09.2020 and submitted that her daughter, a student of Air Force Golden Jubilee Institute, Subroto Park, New Delhi wherein the school authorities are not providing inclusive education as per RPwD Act, 2016. The child has been confined to segregation (Special Wing) at the school not learning much.  It was also submitted vide her e-mail dated 05.11.2020 that some of the Special Educators including the class teacher of her child seem to be working with expired certificate of registration from the RCI.  Vide another e-mail dated 16.12.2020, the complainant also submitted that the registration certificate of “Indian Air Force Educational and Cultural Society” too expired on 09.01.2019.

2. The matter was taken up with Dte. of Education vide letter dated 09.10.2020, who issued Show Cause Notice on 26.02.2021 to the school authorities with the direction to submit the reply within 3 working days.

3. Vide letter dated 03.03.2021, respondent No. 2 submitted that the child Hareena Trehan was admitted in Special Wing of AFGJI in Jan., 2018 on the request of the parent and in April, 2019, on the request of the parent, the child was shifted to Class-I of the mainstream school on trial basis.  However, after one month the parent again requested to shift the child back to Special Wing for better care and same was agreed.  In September, 2019, it was suggested by the school to shift the child to Class-I with the mainstream students for better inclusive studies, which the parent agreed.  The child appeared for Unit Test (online) in July, 2020 wherein she performed satisfactorily and was promoted to Class-II.  However, she stopped attending classes after her promotion to Class-II.

4. It was further submitted that school was not violating any provisions of the RPwD Act, 2016 with respect to students of CWSN category.  The school authorities followed regulation of inclusive education in letter and spirit and always ensures that all special students are taken care of according to their disability.  Special Wing of the AFGJI is an independent reputed entity although, it co-exists in the same premises for giving education to children with special needs and choice of admission to this Special School is by choice/request of the parent.

5. With regard to RCI certification, school authorities submitted that certificates of their employees have been duly renewed and that suitable action was taken against all the individuals by the school.  Regarding registration of the school under RPwD Act, 2016, it was submitted that all the papers/formalities for the same have been completed and is under process.

6. Vide rejoinder dated 12.03.2021, the complainant submitted the copies of the fee slip deposited by her, application for Transfer Certificate of the child, Special Wing Progress Report Card 2019-2020, 2020-21 and screenshots of parent portal.

7. After due deliberations and discussion held, the following was recommended:-

(i) that the DoE should take due cognizance regarding the concerned teachers with expired certification from RCI and the school as per the rules and existing regulations.  It was revealed that during renewal of RCI certificates in respect of the teachers, a penalty is added for non-timely updation.   A report of confirmation to this effect be submitted to this court by 22.03.2021. 

(ii)School authorities were asked to provide all necessary assistance and support to all the children with special need alongwith  parents for the overall welfare. 

8. The complaint was disposed of with the above recommendations.

9. Given under my hand and the seal of the Court this 15th day of March, 2021. 

           (Ranjan Mukherjee)

                      State Commissioner for Persons with Disabilities

Deepak Kumar Vs. The DCP South East District | Case No. 1868/1111/2020/07/3353-55 | Dated:15-03-21

 

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, Email: comdis.delhi@nic.in

(Vested with powers of Civil Court under the 

Rights of Persons with Disabilities Act, 2016)

Case No. 1868/1111/2020/07/3353-55 Dated:15-03-21 

In the matter of:

Sh. Deepak Kumar S/o. Sh. Suresh Kumar, 
H.No. K—83, Gali No.4, 
Jaitpur extension-, Badarpur, 
New Delhi-110044.                     
(E-mail: sonudj8447@gmail.com)                           ……Complainant

Versus

The Deputy Commissioner of Police,
South East District,
Pocket-C, Sarita Vihar,
New Delhi-110076                                                    ……..Respondent 
 
Date of Hearing: 12.03.2021

Present: Sh. Deepak Kumar, complainant.
Sh. Satvinder Rana & Sh. Bhoor Singh, on behalf of Respondent. 

ORDER

The above complaint of Sh. Deepak Kumar, a person with 90% locomotor disability was received through email dated 09.07.2021 from Sh. Kapil Kumar Aggarwal, National President, Federation of Disabled Rights regarding fraud made by one person namely Sh. Wakil Ahmad  by financing a scooty from complainant’s bank account by using his documents. 

2. The matter was taken up with the respondent for submission of their comments. Respondent vide their reply dated 05.10.2020 received from Addl. Dy. Commissioner of Police, South East Distt. submitted that as per the complainant’s allegation, a person named Sh. Wakil Ahmad had lured him on the pretext of availing a free scooty through National Disable Sena and took his documents i.e. bank passbook, disability certificate, pan card and aadhar card.  He was promised that the scooty would be given to him on 16.11.2019.  Due to some problems he could not reach the venue to avail the scooty. Thereafter, he received a message that cheque issued by him bounced but the scooty was financed on his name with the help of issued documents.  An enquiry into the matter got conducted through ACP/Badarpur/SED.  During the course of enquiry, statement of the complainant was recorded, who stated that he had amicably resolved the matter and now he does not want any legal action on his complaint.  Hence, no police action is warranted. 

3. The reply filed by the respondent was forwarded to the complainant for submission of his rejoinder.  The complainant vide his email dated 18.02.2021 informed that the Police has not taken any action to redress his grievance. 

4. During the hearing on 12.03.2021, complainant was present and reiterated his written submissions and pleaded for settlement of his case and refund of his total money.  He also requested that the bank authorities should also be directed to stop deducting further EMIs from his account. 

5. Sh. Satvinder Rana , Inspector appeared on behalf of respondent and informed that the complainant had initially shared the details of his bank accounts for procurement of a free scooty to advance his accessibility and mobility.  Later on, he changed his mind due to delay in providing him the scooty and requested to refund his amount. Further, it is informed that the organisation which mooted the idea of providing the scooty is also working for persons with disabilities, especially with respect to Accessibility & Mobility.  He also revealed that both the parties met at the Police Station and deliberated couple of times and the scooty was also brought in the Police Station Jaitpur and offered to the complainant.  

6. Notwithstanding the above, the complainant confirmed that he was not keen to avail the scooty anymore.  On 10.03.2021, both the parties were called to the Police Station and mediated that complainant would be refunded with his dues by 17.03.2021.  

7. The Court after due deliberations, recommends as under:-

(i) DCP (South East) District specially Sh. Satvinder Rana, Inspector  are hereby directed to ensure that the National Disability Army and Sh. Wakil Ahmed and others return the money of complainant and accordingly a Closure Report be filed in this office by 19.03.2021.

(ii) A copy of this Closure Report should also be sent to the Manager, Corporation Bank, Jaitpur, Delhi where the complainant has his bank account with the instructions that the complainant’s account should not be deducted with EMI in lieu of financing scooty, henceforth.  

8. Accordingly, the case is disposed off. 

9. Given under my hand and the seal of the Court this 15th day of March, 2021.      

(Ranjan Mukherjee )

State Commissioner for Persons with Disabilities

Copy to:

The Bank Manager, Corporation Bank, Jaitpur, Delhi with the direction that on receipt  of closure report from DCP(South East)

Sh. Deepak Kumar, Complainant (Savings Bank A/c No. 520331002627870) in the above case should not be penalised further and EMI deduction from his account should also be stopped henceforth. 

Shobhna Sarbhai Vs. The Deputy Commissioner of Police (South District) & Anr. | Case No. 1865/1141/2020/07/3106-3108 | Dated: 26-02-21

 

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-02

Phone-23216002-04,  Email: comdis.delhi@nic.in

[Vested with powers of Civil Court under the Rights of Persons with Disabilities Act, 2016]

 
    Case No. 1865/1141/2020/07/3106-3108 Dated:26-02-21
 
In the matter of:

Ms. Shobhna Sarbhai, M/o Aradhya Saxena,
D3A, DDA Flats, Munirka,
New Delhi-110067
Email: shobhnasarbhai9@gmail.com      ………………..Complainant 

Versus

The Deputy Commissioner of Police

(South District),

Police Station, Hauz Khas, 

Delhi-110016

E-mail:dcp-south-dl@nic.in   ………………Respondent 1

Ms. Neelam Verma, 

Horizon Learning Centre, 

M-6, First Floor, Malviya Nagar,

New Main Market

New Delhi-110017

Email: vermaneelam88609@gmail.com   ……..Respondent 2

Date of Hearing : 26.02.2021

Present: Ms. Neelam Verma and Sh.. Ambuj Tiwari on behalf of Respondent No. 2 

ORDER

Ms. Shobhna Sarbhai, M/o Ms. Aradhya Saxena, a person with 75% mental retardation vide her complaint dated 23.01.2020 alleged that she enrolled her daughter in the Horizon Learning Centre, M-6, Malviya Nagar, New Delhi for the her therapies like occupational therapy, speech therapy, special education etc. and also her rehabilitation on the assurance that a “complete programme” was being run for rehabilitation of such PwDs. However, within a period of three days she came to know about the irregularities and illegal operation of the Centre as well as the questionable of Ms. Neelam Verma to provide therapy to disabled children like her daughter. 

 2.      The complaint was taken up with the respondents vide SCN-Cum-Hearing Notice dated 15.02.2021 and a hearing was scheduled on 26.02.2021. 

 3. Ms. Neelam Verma, respondent No. 1 appeared alongwith her Advocate Sh. Ambuj Tiwari, informed that her RCI certificate was expired in 2016 and upon completion of various workshops, trainings (comprises of 100 CRE points needed for renewal) she had applied for its renewal before the concerned authorities and the same is under process. 

 4. Complainant, Ms Shobhna Sarbhai vide her email dated 23.02.2021 showed her inability to attend the hearing in person and requested to decide the case on its merits. 

 5. In view of the above, Ms. Neelam Verma, respondent No. 2 is directed to close her Centre till her RCI Certificate is renewed. 

 6. The case was disposed with the above recommendation. 

 7. Given under my hand and the seal of the Court this 26th day of February, 2021. 

(Ranjan Mukherjee) 

State Commissioner for Persons with Disabilities

Puneet Bindal Vs. The Manager, BSES, Yamuna Power Limited | Case No. 1871/1141/2020/07/3114-3115 | Dated:26/02/21

 

In the Court of State Commissioner for Persons with Disabilities

National Capital Territory of Delhi

25- D, Mata Sundri Road, Near Guru Nanak Eye Centre, New Delhi.

Phone-011-23216002-04,  Email: comdis.delhi@nic.in

[Vested with powers of Civil Court under the 

Rights of Persons with Disabilities Act, 2016]

Case No. 1871/1141/2020/07/3114-3115             Dated:26/02/21

In the matter of:

Sh. Puneet Bindal, 
2/5117, Krishan Nagar, Karol Bagh,  
New Delhi – 110005.
(E-mail-punitbindal28@gmail.com)    ..... Complainant
    
Versus

The Manager,   
BSES, Yamuna Power Limited,  
Shakti Kiran Building, Karkardooma, 
Delhi-110032.

(E-mail-shweta.bist@relianceada.com)            ...…Respondent 

Date of Hearing: 26.02.2021

Present:     Sh. Puneet Bindal. Complainant
                    Sh. Gaurav Bindal, on behalf of the complainant
                    Sh. Rajeev Ranjan, Sr. Manager (Legal) and
                    Ms. Shweta Bist, Sr. Manager (PS), Shankar Road, on behalf of Respondent.

ORDER

After hearing both the parties and due deliberations, the following orders are passed:-

1. Completion Certificate of the building be provided by the complainant from the MCD within 7 days from the date of receipt of this order to the BSES with copy to this office. 

2. The Vigilance Department of BSES should reply with remedial measures taken, to the complainant within 5 days from the date of receipt of this order. 

3. BSES office should be made accessible and disable friendly. 

4. As the matter is already pending before the Central Grievance Redressal Forum (CGRF), this office will await the final outcome and copy of the final order be submitted by the parties and after that if necessary, this court will take a call subsequently.

5. Given under my hand and the seal of the Court this 26th day of February, 2021. 

(Ranjan Mukherjee)

State Commissioner for Persons with Disabilities 

Nathu Ram Nishad Vs. The Director Education & Anr. | Case No. 1735/1111/2019/12 /3032- 34 | Dated: 22-02-21

In the Court of State Commissioner for Persons with Disabilities

National Capital Territory of Delhi

25- D, Mata Sundri Road, Near Guru Nanak Eye Centre, New Delhi.

Phone-011-23216002-04,  Email: comdis.delhi@nic.in

[Vested with powers of Civil Court under the 

Rights of Persons with Disabilities Act, 2016]

Case No. 1735/1111/2019/12 /3032- 34            Dated:22-02-21

In the matter of:

Sh. Nathu Ram Nishad, 

373, Lancers Road, Timarpur, 

Delhi-110054 ....... Complainant

    

    Versus

The Director,

Directorate of Education, 

Old Secretariat, Delhi-110054          .....Respondent No.1

The Deputy Director (North),

Directorate of Education,

Lucknow Road, Delhi-110054               .......…Respondent No.2

Date of Hearing: 19.02.2021

Present:  

Sh. Nathu Ram Nishad, Vice-Principal, Complainant.

Sh. Ramesh Chand Kataria, Asstt. Section Officer, on behalf of Resp. No. 1 & 2.

ORDER

1. The State Commissioner for Persons with Disabilities expressed his displeasure on the fact that  in spite of summons being served to the Director (Education),  no senior official from the Education Department was present during the hearing and instead a comparatively lower officer of the rank of Asstt. Section Officer, Sh. Ramesh Chand Kataria was sent to attend the court’s hearing.

2. During the hearing, representative of the respondent submitted reply dated 18.02.2021, copy of the same has also been handed over to the complainant. Vide which it was informed that the grievance of the complainant regarding pseudonymous complaint dated 24.10.2019 has been redressed completely as the complaint was formally filed.  

3. On perusal of above reply it is revealed that the respondent only dealt with one aspect of this complaint.   The complainant sought relief mainly on the following two points:

(i) Quashing of his APAR 2018-19 written by Sh. Y.K. Sharma, Retd. Principal,  which is not correct as per existing rules,  as he wrote his APAR in revengeful and malafide intentions;  

(ii) Grant of MACP-II.

 4. In light of the above, the following directions are made:

(i) The APAR of the complainant for the year 2018-19 written by Sh. Y.K.Sharma, Retired Principal should be quashed.

(ii) With regard to grant of MACP-II to the complainant, which is pending since 25.01.2020, respondent is directed to submit an ATR within 7 days from the date of receipt of this order.

(iii) APAR for the year 2018-19 of the complainant should not be considered as a negative point for his promotion in due course.

(iv) Respondent No. 1 is also directed to constitute the District-wise Grievance Redressal Committees as per Rights of Persons with Disabilities Act, 2016 consisting of persons with disabilities including visually impaired persons for looking after of such genuine complaints. An action taken report in this regard be submitted by 26.02.2021.

5. The case is disposed of with the above recommendations.

6. Given under my hand and the seal of the Court this 19th  day of February, 2021. 

(Ranjan Mukherjee)

State Commissioner for Persons with Disabilities

Virender Singh H/o Smt. Pooja Kumari Vs. The Commissioner SDMC | Case No. 1302/1024/2019/11/3043-44 | Dated:22/02/2021

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-02

Phone-23216002-04,  Email: comdis.delhi@nic.in

[Vested with powers of Civil Court under

the Rights of Persons with Disabilities Act, 2016)

Case No. 1302/1024/2019/11/3043-44 Dated:22/02/2021

In the matter of:

Shri Virender Singh H/o Smt. Pooja Kumari,
(E-mail: virender_dewan@yahoo.com)            …………..Complainant 

Versus

The Commissioner,
South Delhi Municipal Corporation,
9th Level, Dr. S.P.M. Civic Centre, Minto Road,
New Delhi-110002.                   ………..Respondent 

Date of hearing: 19.02.2021

Present: Sh. Virender Singh, Complainant

Ms. Angoori Bai Meena, SI, Education Department, SDMC on behalf of respondent. 

ORDER

            Shri Virender Singh H/o Smt. Pooja Kumari, a person with 93% locomotor disability vide email dated 08.11.2019 submitted that his wife, Smt. Pooja Kumari is working as Primary Teacher in South Delhi Municipal corporation and she is entitled to the benefit of Rs. 3000/- per month as Special Allowance for child care for women with disabilities as per Circular/Order dated 16.08.2017 of Ministry of Personnel, P.G. and Pensions, Department of Personnel & Training, Govt. of India. The allowance shall be payable from the time of the child’s birth till the child is two years old.  So far, SDMC has not granted Special Allowance for child care to his wife and also not granted arrears on account of clearing her probation period.

2. The matter was taken up with the respondent vide letter dated 27.11.2019 and followed by reminders dated 28.02.2020, 06.07.2020 and 04.06.2020.  

3. A hearing was scheduled for 19.02.2021.  The court noted with displeasure that the Deputy Director concerned of SDMC did not attend the hearing and directs the Commissioner and Deputy Director that the concerned senior officer (HOD) should attend the Court. 

4. It was confirmed by the representative of the respondent that the arrear on account of probation period has been sanctioned and arrear on account of Special Allowance for child care has been processed and has been sent to finance functionaries of SDMC.

5. It was recommended that amount in respect of both the arrears be disbursed to the complainant within two weeks from the date of receipt of this order and an Action Taken Report be submitted.

6. The case was disposed with the above recommendation. 

7. Give under my hand and the seal of the Court this 22nd day of February, 2021.

(Ranjan Mukherjee)

State Commissioner for Persons with Disabilities

 

Akhand Pratap Singh Vs. Secretary DSSB & Anr. | Case No. 1763/1014/2020/01/3040-42 | Dated :22/02/2021

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, Email: comdis.delhi@nic.in

[Vested with powers of Civil Court under the 

Rights of Persons with Disabilities Act, 2016]

Case No. 1763/1014/2020/01/3040-42 Dated:22/02/2021

In the matter of:

Sh. Akhand Pratap Singh,
Kh. 13/10 & 13/1,
H.No. 13, UGF, Gali No.14,
Bhagat Colony, West Sant Nagar,
Burari, Delhi-110084.
(E-mail-akhandpartapsingh@gmail.com)      … Complainant

Versus

The Secretary, 

Delhi Subordinate Services Selection Board, 
FC-18, Institutional Area, 
Karkardooma,
Delhi-110092. .......Respondent No.1

The Commissioner,
South Delhi Municipal Corporation,
9th Floor, Dr. S.P.M. Civic Centre,
J.L.N. Marg, New Delhi-110002.          ......Respondent No.2

Date of hearing: 19.02.2021

Present: Sh. Akhand Partap Singh, Complainant,  

Sh. Biju Raj, Deputy Director and Sh. Satish Kanojia, Section Officer, DSSSB on behalf of respondent No.1

Sh. R.K. Kalra, Asstt. Law Officer, SDMC on behalf of respondent No.2

ORDER

        The complainant, a person with 40% post burn contracture of left hand with deformity vide his complaint dated 27.01.2021 submitted a complaint regarding his pending candidature for the post of Asstt. Law Officer in SDMC.

2. A hearing was scheduled on 19.02.2021.  Representative of the respondent No.1 informed that the complainant had filed an O.A. before the Hon’ble Central Administrative Tribunal in this case and a hearing has been scheduled for 23.02.2021. 

3. In view of the submission of the respondent No.1, the case is kept in abeyance till the Hon’ble CAT herd the case and final verdict is passed.  Final verdict of the Hon’ble CAT be submitted to this Court by the parties.

4. Given under my hand and seal of the Court this 22nd day of February, 2021.  

(Ranjan Mukherjee)

State Commissioner for Persons with Disabilities