Deepali Kalia-
The National Commission for Scheduled Castes (NCSC) issued summons which directed the Secretary, Department of Health and Family Welfare, and the Medical Superintendent and Director, Dr. Ram Manohar Lohia (RML) Hospital, to appear personally today at 2 p.m., in relation to an alleged case of harassment and discrimination against a person of the Scheduled Caste community was stayed by the Delhi High Court earlier today.
On 28th June, the Vacation Bench of Justice Hari Shankar of the Delhi High Court stayed the summons issued by the National Commission for Scheduled Castes (NCSC) against Secretary, Department of Health and Family Welfare and the Medical Superintendent and Director of Dr. Ram Manohar Lohia (RML) Hospital, directing them to appear personally before the Chairman of NCSC on 29th June at 2 PM.
It was submitted by Additional Solicitor General, Mr. Chetan Sharma who was representing the petitioners that the respondent had stopped doing his duties from 16th April 2020 which severely affected the overall functioning of the hospital.
Consequently, the hospital issued memos on 9th June and 30th June which received no reply, and a charge sheet was then issued which again got no response from the respondent.
The petitioners contended that respondent no.1, Shri Ashok Mahamna didn’t participate in the disciplinary proceedings that were held, which led to the passing of an order by the authorities against him on 29th June, 2020 that punished him by withholding increments for three years without cumulative effect, however, it was later decreased to a warning video order on 28th January, 2021 by the Appellate Authority.
The proceedings on 24th May 2021 before the NCSC took place in the absence of petitioners as they were not allowed to participate through video conferencing and was in clear violation of the principles of Natural Justice, the Additional Solicitor General representing the petitioners argued.
NCSC in the present case believed that withholding of respondent no.1’s salary for a period of 13 months was unfair and that charge sheet which was issued to respondent 1 by the petitioners prima facie established that the authorities were harassing the employee belonging to the Scheduled castes community.