NEW DELHI, July 30: The Delhi High Court has asked the city government to report giving the current framework and staff strength and structure of the Delhi Commission for Women (DCW) and an analysis of how the officially sanctioned positions are being utilised.
The high court asked the Delhi government’s Women and Child Development department to also give a clear account of the measures taken to ensure that essential services such as the rape crisis cell, crisis intervention cell, anti-human trafficking and rehabilitation cell, acid watch and rehabilitation cell, sahyogini cell and mobile helpline remain fully operational and effective.
Justice Sanjeev Narula asked the department to submit within two weeks a comprehensive affidavit or staff report, outlining the current staffing configurations and the specific roles played by both permanent and contractual personnel. The affidavit shall also detail the current framework and staff strength and structure of the DCW, it said.
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“Additionally, the affidavit must provide a detailed analysis of how the officially sanctioned positions are being utilised and the extent to which third-party personnel, sourced from contractors, contribute to DCW’s operations,” the court said and listed the matter for further hearing on October 21.
The high court was hearing a plea by 49 contractual staff workers, who were engaged by the DCW for various roles and their initial engagement period of three months had been periodically extended.
The petitioners challenged the Delhi government’s April 29 order terminating the services of all contractual staff employed with the DCW with immediate effect.
As per the order, the action was taken due to extensive financial and administrative irregularities in the functioning of the DCW. According to the Delhi government, the DCW undertook additional financial liabilities by employing officers or staff members and initiating infrastructural projects in excess of the sanctioned strength and allocated grants.
The petitioners contend that termination of contractual staff was arbitrary and irrational, and that they have been instrumental in the functioning of the DCW, especially in programmes and special cells constituted for assistance of victims such as rape crisis cell, crisis intervention cell, anti-human trafficking and rehabilitation cell.
The counsel for the government department submitted that only 40 posts had been sanctioned for the DCW and any appointments in excess are deemed unauthorised and cannot be sustained legally.
She indicated that approximately eight petitioners might be eligible for retention. However, she clarified that a final decision regarding their employment will be subject to further deliberations and evaluations.
The high court, which issued notice to the DCW and the Women and Child Development department, said as regards the petitioners’ right to continue on the contractual positions, it does not find any prima facie case to grant them any interim relief.
“Respondent no. 2 (department) has demonstrated that the petitioners were employed without the requisite authorisation and exceeded the approved staff capacity. Consequently, this lack of procedural compliance renders their continued employment legally untenable,” it said.
The court, however, acknowledged the broader implications of the case, given the critical role of the DCW in safeguarding and uplifting the interests of women in the state.
“On this aspect, although Mrs. Ahlawat (department’s counsel) 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 scrutinise through the submission of a detailed staffing report,” it said. (PTI)
