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" <geo...@eyeway.org> > To: <accessindia@accessindia.org.in> > Subject: Re: [AI] Pls Advise - Case of Shalini Sethi from Delhi > Message-ID: <006201cb1776$9c9c2650$0901a...@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" <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. > >> > >> ------------------------------ > >> > >> > >> > >> > >> > >> -- > >> ----------------------------------------------------------- > >> 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 > accessindia-requ...@accessindia.org.in > >> with > >> the subject unsubscribe. > >> > >> To change your subscription to digest mode or make any other changes, > >> please > >> visit the list home page at > >> > >> > http://accessindia.org.in/mailman/listinfo/accessindia_accessindia.org.i > 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 > > > > To unsubscribe send a message to > accessindia-requ...@accessindia.org.in with > > the subject unsubscribe. > > > > To change your subscription to digest mode or make any other changes, > please > > visit the list home page at > > > http://accessindia.org.in/mailman/listinfo/accessindia_accessindia.org.i > n > > > > > -- > === > Visit my blog at: > freestuff4indians.blogspot.com > Skype ID: > akhil.akhil29 > === > > 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 accessindia-requ...@accessindia.org.in > with the subject unsubscribe. > > To change your subscription to digest mode or make any other changes, > please visit the list home page at > > http://accessindia.org.in/mailman/listinfo/accessindia_accessindia.org.i > 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 > > To unsubscribe send a message to accessindia-requ...@accessindia.org.inwith > the subject unsubscribe. > > To change your subscription to digest mode or make any other changes, > please > visit the list home page at > http://accessindia.org.in/mailman/listinfo/accessindia_accessindia.org.in > > > > > ------------------------------ > > _______________________________________________ > AccessIndia mailing list > AccessIndia@accessindia.org.in > http://accessindia.org.in/mailman/listinfo/accessindia_accessindia.org.in > > > End of AccessIndia Digest, Vol 50, Issue 177 > ******************************************** > -- ----------------------------------------------------------- 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 accessindia-requ...@accessindia.org.in with the subject unsubscribe. To change your subscription to digest mode or make any other changes, please visit the list home page at http://accessindia.org.in/mailman/listinfo/accessindia_accessindia.org.in
