In the Court of the Chief Commissioner for Persons with Disabilities
Ministry of Social Justice & Empowerment f^^TeracTT c^tf fcffiFT/Department of
Disability Affairs
Notice of Complaint to Show Cause & Hearing
CaseNo.859/1011/12-13
In the matter of:
Suo motu
Versus
Department of Disability Affairs
Ministry of Social Justice and Empowerment
Through: the Secretary
Shastri Bhawan,
New Delhi-110001
Respondent
Whereas Section 32 of the Persons with Disabilities (Equal Opportunities,
Protection of Rights and Full Participation) Act, 1995 hereinafter referred to
as the Act, provides as under: -
"Every appropriate Government shall (a) identify posts in the establishments
which can be reserved for the persons with disability; (b) at periodical
intervals not exceeding three years, review the list of posts identified and
up-date the list taking into consideration the developments in technology".
2. And whereas the list of identified posts for persons with
disabilities under Section 32 of the said Act was last issued vide Ministry of
Social Justice and Empowerment's Notification Nos. 16-70/2004-DD-lll dated
18.01.2007 for Group A and B and dated 15.03.2007 for Group C and D
respectively;
3. And whereas going by the mandate of Section 32 of the said Act,
issuance of a revised/updated list of identified posts in Group A and B fell
due on 17.01.2010 and in Group C and Don 14.03.2010;
4. And whereas more than two-and-a-half years have elapsed since
issuance of said notification of identified posts fell due;
Dated: 17.09.2012 Dispatch No.____
.2....
5. And whereas the Department of Disability Affairs, Ministry of
Social Justice & Empowerment, Govt, of India, has not complied with the mandate
of Section 32 of the said Act;
6. And whereas Chief Commissioner for Persons with Disabilities vide
letter No. 9-10/CCD/2008 dated 11.07.2012 (copy enclosed) inter-alia suggested
to the Department of Disability Affairs, Ministry of Social Justice and
Empowerment, Govt, of India, that since the issuance of notification of
revised/updated list of identified posts under Section 32 of the Act is long
over due, it should be notified within one month from the date of the said
letter;
7. And whereas the Department of Disability Affairs, Ministry of
Social Justice & Empowerment, Govt, of India, neither complied with the advice
of the Chief Commissioner nor did they respond to the Chief Commissioner's
letter dated 11.07.2012;
8. And whereas the Chief Commissioner was constrained to issue a
reminder vide letter No.9-10/CCD/2008 dated 29.08.2012 reminding the said
Department to issue/notify the list of identified posts in compliance with
Section 32 of the Act giving the said Department further 15 days time for this
purpose;
9. And whereas the Department of Disability Affairs, Ministry of
Social Justice & Empowerment, Govt, of India, while responding to the Chief
Commissioner's letter No. 9-10/CCD/2008 dated 29.08.2012 have not given any
definitive time frame within which the notification of revised/updated list of
identified posts will be issued in compliance with the mandate of Section 32 of
the Act;
10. And whereas as per Section 59 of the Act, Chief Commissioner may of
his own motion or on the application of any aggrieved person or otherwise look
into complaints with respect to matters relating to 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;
11. And whereas Section 63 of the said Act says as under:-
(1) The Chief Commissioner and the Commissioners shall, for the purpose of
discharging their functions under this Act, have the same powers as are vested
in a court under the Code of Civil Procedure, 1908 while trying a suit, in
respect of the following matters, namely :-
(a) summoning and enforcing the attendance of witnesses;
(b) requiring the discovery and production of any document;
(c) requisitioning any public record or copy thereof from any court or office;
(d) receiving evidence on affidavits; and
(e) issuing commissions for the examination of witnesses or documents.
....3...
(2) Every proceeding before the Chief Commissioner and Commissioners shall be a
judicial proceeding within the meaning of section 193 and 228 of the Indian
Penal Code and the Chief Commissioner, the Commissioner, the competent
authority, shall be deemed to be a civil court for the purposes of section 195
and Chapter XXVI of the Code of Criminal Procedure, 1973.
12. And therefore, as directed by the Chief Commissioner for Persons
with Disabilities take this show cause notice and explain as to why the
Department of Disability Affairs, Ministry of Social Justice & Empowerment,
Govt, of India, should not issue notification containing revised/updated list
of identified posts in compliance with Section 32 of the said Act latest by
15.10.2012 under intimation to this Court; and why this inordinate and
disproportionate delay in complying with the provisions of Section 32 of the
Act;
13. The Chief Commissioner for Persons with Disabilities has further
directed that in the event of failure to comply with the above directions, the
respondent is to appear before the court of the Chief Commissioner for Persons
with Disabilities in person or through a representative (not below the level of
Group'A7Class-l officer) or a counsel well versed with the case and with all
the related documents on 01/11/2012 at 3.00 p.m. to present the case.
End.: As above
Sd/-(T.D. Dhariyal)
Dy. Chief Commissioner
Vikas Kapoor,
MSN Id: [email protected], Yahoo&Skype Id: dl_vikas,
Mobile: (+91) 9891098137.
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