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

V. Jayakumar jayakumar.vaishnavi at gmail.com
Tue Jun 29 07:11:25 EDT 2010


Hi all,

Just a spontaneous message of gratitude and happiness - with this blend of
passion tempered with action and sprinkled with common sense...it's no
wonder that this forum is such a vibrant one!

Thank you for walking the talk.

With respect and admiration,

Vaishnavi




>   5. Re: Pls Advise - Case of Shalini Sethi from Delhi (George Abraham)
> -----------------------------
>
> Message: 5
> Date: Tue, 29 Jun 2010 16:04:03 +0530
> From: "George Abraham" <george at eyeway.org>
> To: <accessindia at accessindia.org.in>
> Subject: Re: [AI] Pls Advise - Case of Shalini Sethi from Delhi
> Message-ID: <006201cb1776$9c9c2650$0901a8c0 at georgelaptop>
> Content-Type: text/plain;       charset="iso-8859-1"
>
> 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" <lsubramani at deccanherald.co.in>
> To: <accessindia at 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-bounces at accessindia.org.in
> [mailto:accessindia-bounces at accessindia.org.in] On Behalf Of akhilesh
> Sent: Tuesday, June 29, 2010 2:59 PM
> To: accessindia at 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 <niranjanursb at gmail.com> wrote:
> > Really very sad indeed. A complaint to National Womens Commission
> > could be helpful.
> > Niranjan
> >
> > On 6/25/10, Subramani L <lsubramani at 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-bounces at accessindia.org.in
> >> [mailto:accessindia-bounces at accessindia.org.in] On Behalf Of V.
> >> Jayakumar
> >> Sent: Friday, June 25, 2010 12:29 PM
> >> To: accessindia at accessindia.org.in
> >> 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.
> >>
> >>  ------------------------------
> >>
> >>
> >>
> >>
> >>
> >> --
> >> -----------------------------------------------------------
> >> Pablo Picasso - "Computers are useless. They can only give you
> answers."
> >>
> >> Voice your thoughts in the blog to discuss the Rights of persons with
> >> disability bill at:
> >> http://www.accessindia.org.in/harish/blog.htm
> >>
> >> To unsubscribe send a message to
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> >> with
> >> the subject unsubscribe.
> >>
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> >> please
> >> visit the list home page at
> >>
> >>
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> n
> >>
> >
> > Voice your thoughts in the blog to discuss the Rights of persons with
> > disability bill at:
> > http://www.accessindia.org.in/harish/blog.htm
> >
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>
> --
> ===
> Visit my blog at:
> freestuff4indians.blogspot.com
> Skype ID:
> akhil.akhil29
> ===
>
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