[AI] Pls Advise - Case of Shalini Sethi from Delhi

B. R. Nautial brnautial at gmail.com
Fri Jun 25 12:54:05 EDT 2010


oh! really so bad! but these things are very common with the disabled person 
because our society is not ready to accept the existence of disabled people 
in the society.
this matter must be discussed in the group and we should have come forward 
to help the victim. I am really sorry to say that no government agency or 
voluntary organizations are taking any steppes to avoid such  incidents in 
different government agencies or departments with the disabled peoples.
I am sorry to say that most of the voluntary organizations for the blind are 
being headed by the old and useless people so that they are not able to 
function properly. In most of the voluntary organizations in India peoples 
are using the organizations for their own interest and enjoying the 
donations is being given for the welfare of disabled people.
They have no time or interest to come forward for all these issues.
This trained must be changed otherwise number of harassment cases will 
increase continuously.

With Regards

B. R. Nautial
----- Original Message ----- 
From: "V. Jayakumar" <jayakumar.vaishnavi at gmail.com>
To: <accessindia at accessindia.org.in>
Sent: Friday, June 25, 2010 12:29 PM
Subject: [AI] Pls Advise - Case of Shalini Sethi from Delhi


---------- Forwarded message ----------
From: shalini sethi <ss25134416 at yahoo.co.in>
Date: Tue, Jun 22, 2010 at 1:02 PM
Subject: Fw: plight of disabled
To: dlu.south at gmail.com

----- Forwarded Message ----
*From:* shalini sethi <ss25134416 at yahoo.co.in>
*To:* secy-fs at 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:* "helpline at rb.nic.in" <helpline at rb.nic.in>
*To:* ss25134416 at 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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