High Court Seeks State Govt's Response On Staff Strength, Structure Of Delhi Commission For Women

The Delhi High Court has sought the response of the Delhi Government's Department of Women and Child Development on the current framework, staff strength and structure of the Delhi Commission for Women (DCW).

Justice Sanjeev Narula said that the detailed staffing report must outline the current staffing configurations and specific roles played by both permanent and contractual personnel in the Commission.

The affidavit, which is to be filed within two weeks, has also been ordered to state the measures taken to ensure that essential services, such as Rape Crisis Cell, Crisis Intervention Cell, and Anti-Human Trafficking and Rehabilitation Cell, Acid Watch and Rehabilitation Cell, Sahyogini Cell, Mobile Helpline, remain fully operational and effective.

“Additionally, the affidavit must provide a detailed analysis of how the officially sanctioned positions are being utilized and the extent to which third-party personnel, sourced from contractors, contribute to DCW's operations,” the court said.

Justice Narula was dealing with a plea moved by 49 contractual staff workers engaged by DCW for various role. Their initial engagement period of three months had been periodically extended.

The petitioners challenged Delhi Government's order issued on April 29 terminating the services of all contractual staff employed with DCW with immediate effect.

The action was taken due to extensive financial and administrative irregularities in the functioning of DCW. According to the Delhi Government, DCW undertook additional financial liabilities by employing officers or staff members and initiating infrastructural projects in excess of the sanctioned strength and allocated grants.

It was the petitioners' case that the termination of contractual staff was arbitrary and irrational. 

Delhi Government's counsel told the court that only 40 posts had been sanctioned for DCW and any appointments in excess were deemed unauthorized and could not be sustained legally.

It was also contended that approximately eight Petitioners might be eligible for retention but a final decision regarding their employment will be subject to further deliberations and evaluations.

Regarding the Petitioners' right to continue on the contractual positions, the Court did not find any prima facie case to grant them any interim relief.

The court said that the lack of procedural compliance rendered petitioners' continued employment legally untenable but it recognized the broader implications of the case, given the critical role of DCW in safeguarding and uplifting the interests of women in the state.

Observing that the numerous programmes initiated by the petitioners have assisted several victims in distress, the court said:

“On this aspect, although Mrs. Ahlawat has assured that none of the programmes run by DCW will be hampered and their functioning will continue, the Court would like to keep an oversight. She has submitted that the Commission currently has an adequate strength of personnel that would assist in its functioning, which the Court would like to scrutinize through the submission of a detailed staffing report.”

Counsel for Petitioners: Mr. Sai Vinod and Mr. Sahil Ghai, Advocates

Counsel for Respondents: Mr. Rajshekhar Rao, Senior Advocate with Ms. Zehra Khan, Ms. Meherunissa Anand Jaitley, Mr. Arsh Rampal and Ms. Anauntta Shankar, Advocates for R-1; Mrs. Avnish Ahlawat, Standing Counsel with Mr. Nitesh Kumar, Ms. Laavanya Kaushik, Ms. Aliza Alam and Mr. Mohnish Sehrawat, Advocates for R-2

The matter will now be heard on October 21.

Title: ASIA KHATOON AND ORS v. DELHI COMMISSION FOR WOMEN AND ORS

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