I wonder what the group has to say. If a blind person is removed from his
or
her job on account of non delivery on the job or on the basis of bad
behaviour, would it be a violation of rights. This question has nothing
to
do with the case we are discussing. I am just widening the scope of the
discussion.
----- Original Message -----
From: "Subramani L" <lsubram...@deccanherald.co.in>
To: <accessindia@accessindia.org.in>
Sent: Tuesday, June 29, 2010 5:25 PM
Subject: Re: [AI] Pls Advise - Case of Shalini Sethi from Delhi
Am putting myself up for any assistance you may require in giving the
lettr a proper shape. I would like to take up the task of writing it
myself, but having to deal with nearly 5000 words a day, in writing and
editing, excluding, of course, emails to this list, you might perhaps
understand my slight hesitation in taking up the writing task straight
away. If someone else can write, I shall correct and put it in a proper
shape.
Subramani
-----Original Message-----
From: accessindia-boun...@accessindia.org.in
[mailto:accessindia-boun...@accessindia.org.in] On Behalf Of akhilesh
Sent: Tuesday, June 29, 2010 5:03 PM
To: accessindia@accessindia.org.in
Subject: Re: [AI] Pls Advise - Case of Shalini Sethi from Delhi
Email solution I've suggested in my earlier mail as well.
Anyone of us can prepare an email and sendit to this list, and we can
change it it as required.
Planning to write an RTI application.
I'll Send it to the list as it completes.
On 6/29/10, Subramani L <lsubram...@deccanherald.co.in> wrote:
Why don't we form a delegation and talk to him either in person or
through other means (such as Email) expressing our dissatisfaction of
the way he is discharging his duties. We may perhaps highlight this
and
a few other cases (if any) and request him to be fair in his
disposition
of complaints. That letter can be CCeed to MSJE and -hell- even the
Prime Minister if necessary.
Subramani
-----Original Message-----
From: accessindia-boun...@accessindia.org.in
[mailto:accessindia-boun...@accessindia.org.in] On Behalf Of akhilesh
Sent: Tuesday, June 29, 2010 4:45 PM
To: accessindia@accessindia.org.in
Subject: Re: [AI] Pls Advise - Case of Shalini Sethi from Delhi
George sir,
This is not the matter of Shalini only, but also matter of the
careless attitude of CCPD.
As I've earlier pointed out, that they're not deciding the matter
within 90 days, and MR. TD. Dharial has a habit of prolonging the
cases by sending out reminder after reminder to the respondent.
There is urgent need that we should come together and demand we need a
retired judge of at least of high court to be CCPD.
The persons with disabilities have no representation in CCPD office,
except few clerk and that's it.
Imagine we have no chief commissioner, and the government officer is
discharging the duties of in-charge CCPD.
Believe me sir, present Dy commissioner MR. Dharial doesn't deserve to
be in his office any more. I've got the opportunity to experience his
attitude, not in my case, but some other cases and its really
pathetic... leave it sir, I've no words to explain that moment.
On 6/29/10, George Abraham <geo...@eyeway.org> wrote:
Not to be a wet blanket, but have we heard the other side of the
story
in
this case? On the face of it this seems to be a case of violation of
rights,
but before we get emotional and start pointing fingers, it would be
useful
to talk to the CCPD, the IDBI bank and others involved in this
episode
before getting the media involved.
----- Original Message -----
From: "Subramani L" <lsubram...@deccanherald.co.in>
To: <accessindia@accessindia.org.in>
Sent: Tuesday, June 29, 2010 3:54 PM
Subject: Re: [AI] Pls Advise - Case of Shalini Sethi from Delhi
Let us talk to some television channel and arrange for a sting
operation. If Shalini is ready we shall ask her to talk to the CCPD
and
record the whole thing and let the whole world see the way they
function. Exposing them, shaming them and making them answer for all
this misdeeds is the only way we can get to change the way they
function. They think sitting in their chairs is a god given right and
the big favour they do for us; let us prove to them that they are
sitting there to protect our interests and not the interests of the
offending officialdom. Whether you are in the media or elsewhere the
rule is very simple; do not offend, do not err in judgement, if you
do
then be ready to face the consequence. I would be happy if folks in
Delhi are ready to take this up. I would also like to see the IDBI
manager responsible for this mess be punished as well for his
pathetic
and appalling ttitude towards a person with disability. Harassment of
any kind is wrong and those who indulge in harassment need to be told
in
no uncertain trms tht they cannot do this. Wht is the guarantee tht
he
won't do the same to someone else? Tht is my even bigger concern.
Subramani
-----Original Message-----
From: accessindia-boun...@accessindia.org.in
[mailto:accessindia-boun...@accessindia.org.in] On Behalf Of akhilesh
Sent: Tuesday, June 29, 2010 2:59 PM
To: accessindia@accessindia.org.in
Subject: Re: [AI] Pls Advise - Case of Shalini Sethi from Delhi
Hello subramani sir and all,
I've personally talked to the aggrieved person and it is quite clear
that whatever MR. TD. Dharial has done is not expected and reasonable
at all in any circumstance.
Now, how many of us are ready to mail our concerns to the CCPD
directly about its attitude?
I've personally experienced the carelessness and irresponsible
attitude of Dy commissioner for persons with disabilities.
Most of the employees in the office of CCPD are not good at all, and
they behave very badly.
They don't like to call the guilty party for hearing, they don't like
to decide the matter within the time frame stipulated under the pwd
act, and they also don't like to adhere the provisions of pwd act.
Many matters are being dragged for years, and no hearing at all!!!
Just reminders after reminders to the culprit, promoting the
wrongdoers against persons with disabilities in a well organized
manner.
I personally request to the persons who are working in media sector
to
make this information to public.
Now start a mail campaign against the Dy. CCPD to tell that we're
well
aware whatever they're doing.
I've experienced it all, and that's why I'm talking from my
experience.
Please keep writing on this, and express your views.
Its not the matter of shalini sethi only, but of whole community.
Expecting a massive response from you all,
Akhilesh.
On 6/29/10, niranjanraj urs <niranjanu...@gmail.com> wrote:
Really very sad indeed. A complaint to National Womens Commission
could be helpful.
Niranjan
On 6/25/10, Subramani L <lsubram...@deccanherald.co.in> wrote:
This is certainly a case of serious and extreme harassment. It is
disappointing to know that CCPD, who is supposed to protect our
rights
and due enforcement of the disability law, has abandoned the cause
so
shamelessly and decided to side with the bank. Sometimes, you can't
help
but accede to the cynicism of those in this list who sometimes we
-the
over-optimists- often disagree with. Let us consider a few things
we
can
do:
I am no legal specialist... All that I can think of is to take this
up
as a citizen journalist exercise by one of us, record the
statements
of
all those involved (if possible on camera) and pass the tape to a
news
channel. The best way is to name and shame those who show their
courage
to persons with disability. Let them face the public... Another
thing
I
can think of is an open public campaign through press conference
(making
the person involved nd her father speak to the press) and explain
the
whole thing. Third thing is to take this to IBA and see if some
remedy
can be sought. The person in question here has been subjected to
emotional stress for efficiently discharging her duty. The
officials
who
should have supported her in situations like this and who failed
utterly
in their duties have to be brought to some sort of an open court
and
questioned in full public glair. Let us see if they can still taunt
persons with disability again. This is not merely the experience of
one
person, but a forewarning that something similar may happen to any
person with disability in future. This has to be severely dealt
with.
Subramani
-----Original Message-----
From: accessindia-boun...@accessindia.org.in
[mailto:accessindia-boun...@accessindia.org.in] On Behalf Of V.
Jayakumar
Sent: Friday, June 25, 2010 12:29 PM
To: accessindia@accessindia.org.in
Subject: [AI] Pls Advise - Case of Shalini Sethi from Delhi
---------- Forwarded message ----------
From: shalini sethi <ss25134...@yahoo.co.in>
Date: Tue, Jun 22, 2010 at 1:02 PM
Subject: Fw: plight of disabled
To: dlu.so...@gmail.com
----- Forwarded Message ----
*From:* shalini sethi <ss25134...@yahoo.co.in>
*To:* secy...@nic.in
*Sent:* Fri, 21 May, 2010 4:07:00 PM
*Subject:* Fw: plight of disabled
Respected Madam,
1. I joined the IDBI Bank at its Chandni Chowk branch on
26.11.2007(later
shifted to its Rajouri Garden Branch) as Executive , based on my
selection
in the all India Test conducted by the said Bank, under the
quota
for
persons with disabilities, as per the PwD Act, 1995. This post
was
initially
on contract, to be renewed year-to-year, to be absorbed in the
services of
the Bank as Assistant Manager, an A category post, on
availability
of
vacancies, performance and a further selection process.
2. I was performing well, doing multi-task duties, as a Teller,
handling
cash, preparation of demand drafts, handling Demat accounts, tax
collection
matters. I also worked on cheque clearing seat. During this
period
I
also
participated in two training seminars, conducted by the Bank.
Trouble
started for me when Shri Rajesh Kumar joined this Branch as Head
in
July,
2008. He was harassing me for no reasons, teasing me on my
disabilities,
calling me mad, threatening the non-renewal of my contract etc.
Things came
to peak on 21.11.2008, when I could not bear the daily bickering
and
indignities any longer, I talked on my mobile to Shri K.P.Nair,
Head
HRD,
who sits at Bombay Headquarters of the Bank, because he had
earlier
helped
me in my posting problem, expecting that he will again sort out
my
problem.
But instead of getting any relief I got a fax from his office at
5.00pm on
25.11.2008, when I was leaving the Bank, after my days work,
informing me
that my contract is not renewed and that I should apply to the
Bank
for
encashment of my leave etc. I talked to him in the evening the
same
day on
returning home but he informed me that the contract has not been
renewed
because of performance. When I talked to him about my complaint,
he
told me
that he was looking into the matter. It took the Bank nearly 6
months
and
several e-mails to honor encashment.
3. Not getting any response, my father wrote to him on 1.1.2009
seeking
proper justice, considering that I got this job quite late in my
life
and
now at the age of 38 yrs. I had no further job opportunities;
pleading that
the state policy is to properly rehabilitate persons like me so
that
they
could live their lives with dignity and self respect to become a
part
of the
mainstream of the Society, but this letter failed to get any
response.
4. Realizing that waiting further for justice from the Bank was
futility,
my father formally lodged the first complaint with the Chief
Commissioner
for persons with disabilities 24.2.2009, under Sec.59 of the PwD
Act,
1995
This relevant Section reads that apart from taking steps to
safeguard
the
rights and facilities made available for persons with
disabilities,
the
Chief Commissioner, on his own motion or on the application of
the
aggrieved
person or otherwise look into the complaints in matters relating
to
deprivation of rights of persons with disabilities,
non-implementation of
laws,rules,bye-laws,regulations,executive orders, guidelines or
instructions
made or issued by the appropriate Governments and the local
authorities for
the welfare and protection of rights of persons with
disabilities,
and take
up the matter with the appropriate authorities. As per Sec.
63(1)
of
the
Act, the Chief Commissioner for discharging their function under
the
Act,
have the same powers as vested in a court under Code of Civil
Procedure,
1908 while trying a suit in matters like summoning and enforcing
the
attendance of witnesses; requiring discovery and production of
document;
requisitioning any public record or copy thereof from any court
or
office;
receiving evidence on affidavits; and issuing commissions for
the
examination of witnesses and documents. Its proceedings are
judicial,
within
the meaning of Sec.193 and 228 of the Indian Penal Code. It is
deemed
as
Civil Court for the purpose of Section 195 and Chapter XXXVI of
the
Code of
Criminal Procedure, 1973.
5. In the above said complaint, while explaining the facts it
was
pointed out that no-renewal of the contract was an act of
personal
vendetta
because I complained against the Branch Head for humiliating me
for
no
reason. I expected that the Chief Commissioner, concerned with
the
welfare
of persons with disabilities and protection of their rights etc.
will
kindly
independently get the complaint investigated and take action
against
the
person who harassed me for no reason leading to deprivation of
my
right,
as a person with disability, for gainful livelihood. It was also
explained,
enclosing a copy of the terms and conditions, that it was not a
contract,
where a person was hired only for a specific period, but was a
continuing
contract from year to year, to be finally absorbed in the post
of
Assistant
Manager, on regular basis, subject to vacancies, performance and
a
selection
process . Subsequently, an e-mail was also sent to him on
1.3.2009,
narrating the complete facts of harassment, requesting for a
personal
hearing I was surprised that two months later, without giving me
an
opportunity of personal hearing, he unilaterally decided that
the
Bank had
unconditional discretion not to renew the contract, making his
intervention
inappropriate. He, it seems, also deemed it not necessary to
look
into my
complaint as a person with disabilities for undue harassment.
The
Chief
Commissioner is essentially a welfare officer for the persons
with
disabilities to look after their rights and welfare, to protect
their
interest. He has been given a judicial mechanism to quicken the
process of
justice for persons falling short of abilities. Recruitment
through
contract, giving absolute right to hire and fire, is not the
usual
fare with
Government bodies. The Chief Commissioner, under the PwD Act is
empowered to
look into such unusual practices, particularly when it hurt the
right
of
persons with disabilities, whose interest he is supposed to
watch.
6. the Deputy Chief Commissioner, my father met to lodge the
complaint,
demanded to produce information about the number of such
Executives
recruited since inception of this scheme, number retained, and
indicating
number from the category of persons with disabilities to enable
her
office
to pursue this case further, whereas her office is duly
empowered
to
collect
such information directly from the Bank officially in quick
time.
My
father
had no means to supply this information instantly. It took
sometime
to
collect the required information through RTI Act. The
information
procured
from the IDBI Bank is appended at. This information clearly
establishes that
the Bank is not complying with the extant instructions,
guidelines,
directions as contained in PwD Act, Sec.33 and36, relating to
reservations
for persons with disabilities, DOP&T OM dated 29.12.2005. The
Bank,
after
its amalgamation as public sector Bank on 3.10.2006, which made
it
obligated
to follow these extant instructions, guidelines, directions,
recruited 5678
A category employees, of which only 54 persons were recruited
with
disabilities, forming mere 0.95% of the total, as against the
requirements
of 3%, thus leaving an appalling gap of 116 PwDs short. The
information
furnished by the Bank that it has only 62 vacancies of PwDs ,
through
RTI,
is misleading and incorrect. During this period they also
recruited
1623
Executives on contract, in the years 2007 and 2008, with the
ultimate
objective to absorb them in this A category over a period of 4
yrs.
subject
to availability of vacancies, performance and further selection
process. In
this they recruited 38 persons with disabilities, forming 2.34%.
I
joined as
Executive in the 2007 batch. However, by the end of the first
year
9
of the
20 PwDs, including me were not continued beyond our first year
contract.
These Executives fulfilled the prescribed qualification as laid
down
by the
Bank, were selected through all India elaborate test, were
interviewed by
the worthy senior management of the Bank, and found medically
fit
in
the
medical fitness test conducted by the Bank Doctors. The data
will
explain
that the Bank was not fulfilling its required obligation as per
the
PwD Act
and the above cited OM; at the same time was also not serious
to
retain
the PwDs recruited through their due selection process.
Supported
by
this
data, my father again approached the Chief Commissioner for
Persons
with
Disabilities on 17.8.2009, requesting him to again look into my
case,
more
so because of new emerging facts to give me proper justice by
directing my
reinstatement in as Executive in the Bank, also, if needed,
relaxation of
standard as directed under DOP&T OM 29.12.2005 as also
appropriate
action
against the Branch Head, who unduly harassed me leading to
losing
my
job.
7. I am sorry to say that the Chief Commissioner office,
ordained
to
provide me quick justice, delayed the matter unnecessarily.
After
nearly 2
months on 16.10.2009 merely advised the Bank to take action in
accordance
with the Dop&T OM No.36012/23/2009-Estt(Res) dated 4.5.2009
issued
in
pursuance to order dated 19.12.2008 of the Hon'ble High court
of
Delhi
in W.P.(C)No.15828/2006 for compliance. The Chief Commissioner
office,
however, forgot to forward a copy of my complaint to the Bank,
on
which it
was seeking action, resulting in further delay.. I could not
locate
the
above OM on the website, as claimed. I found that the said
letter
did
not
give any binding direction to the Bank. Therefore, I had to
request
again to
the Chief Commissioner to arrange proper hearing of the case in
terms
of
Rule 42 framed under PwD Act. After a long wait the hearing came
up
on
22.3.2010. The order passed dated 5.4.2010 disposing off the
case
without
considering the facts.
The Chief Commissioner did not give proper consideration to our
first
application dated 24.2.2009and E-mail sent on 1.3.2009 ,. It was
his
binding
duty under Sec.59 of the PwD Act to look into my complaint about
the
maltreatment and misbehavior of the Branch Head..(also please
read
pares4,
5&6 of the facts mentioned above)
Our representation dated 17.8.2009 was based on the facts
and
data
collected from IDBI which clearly proved that the Bank was not
following the
extant instructions, guidelines and directions as contained in
PwD
Act and
DOP&T OM 29.12.2005 and accordingly the DCC advised the Bank to
these
extant
instructions etc.Their letter dated 16.10,2009 was incomplete
and
had
to be
sent again on 7.12.2009, because of negligence of his office,
not
forwarding
my said representation, containing the vital facts and data,
causing
unnecessary delay in the proceedings. It was not an appropriate
order
as per
procedure prescribed in Rule 42, framed under PwD Act, and
therefore,
vide
my letter dated 19.11.2009, I made a request seeking, proper
hearing
as per
the laid down procedure, explained in para 7 of the facts.
1. the assessment was made at the last moment in hurry after I
complained against the Branch Head; copies of 3 E-mails
submitted
do not
prove anything but rather seem to prove my charge of mischief
played by the
inmical Branch Head; there is no previous assessment to
prove
that I
was deficient in my work and behavior; the General Manager
HRD
Corporate
office never visited the Branch to make any personal
assessment;
it clearly
proves that the non-renewal of my contract was personal
vendetta
of
the Branch Head, after I complained against him; the action
was
taken
in undue hurry ; I complained against the Branch Head on
21.11.2008 and
within 4 days I was thrown out of the Bank. I am sorry to say
that
the
Deputy Chief Commissioner has not tried to look into these
facts
that were
duly placed before him resulting in his erroneous order He
has
completely
ignored the extant instructions. Guidelines and directions of
the
appropriate Government. The post of Executive on contract was
a
route to
selection to the regular post of Assistant Managers and their
continuance
and absorption was definitely relaxation at the time of
selection
and
applicable, as per Dop&t OM dated 29.12.2005. Besides, being
designated as
supposed welfare officer for persons with disabilities, he
has
not bothered
to look into my complaint of harassment and maltreatment,
despite my placing
complete facts and incidents of harassment before him, not
denied
and
refuted by any of the respondents present. He it seems did
not
consider it
necessary to explain the charges again him. He seems to be
too
lenient to
him for reasons best known to him.
I am a disabled person who is fighting a case against IDBI Bank for
non
renewal of contract & mental harassment under DOP&T OM Act in
disabled
court
for a year. On 19 oct. 2009 disabled court told IDBI Bank to
consider
their
under DOPT & OM ground without hearing.I made a complaint to you
regarding
this. My complaint no.is prsec/e/2010/03840.I am39 years old with
almost
nil
job opportunities in govt. sector My assigned officer was
Ms.Vandita
Kaul
but was told she is unavailable. I took appointment to meet Mr.S.K.
Patnaik.When I reached shastri bhawan I was told that he too was
unavailable .
so I met Dr. Arbind Prasad & asked him to intervene. He assured me
to
help
me. Now disabled court has disposed off my case under minor ground.
Govt.
is saying on one side to rehabilitate disabled person on the other
side
rehabilted person is thrown out of the organization. Please help
me
to
get
my job back
Shalini
B-1-B, MIG, Flats,
Mayapuri,
New Delhi-110064
PH 01125134416
M 09311275958
----------------------
----- Forwarded Message ----
*From:* "helpl...@rb.nic.in" <helpl...@rb.nic.in>
*To:* ss25134...@yahoo.co.in
*Sent:* Sun, 14 March, 2010 1:57:25 PM
*Subject:* Online Request/Grievance registration in President's
Secretariat
He lpline
*Dear Sir/Madam, *
Your Request/Grievance has been registered vide Registration number
*PRSEC/E/2010/03840
*.Please quote the same in your future correspondance.
------------------------------
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