Delhi High Court asks DTC to explain how person with colour blindness was appointed driver in 2011

The Delhi High Court recently directed the Delhi Transport Corporation (DTC) to explain how a person with colour blindness was appointed as a driver in 2008 without considering the serious implications to public safety. [Delhi Transport Corporation v. Chet Ram].Justice Chandra Dhari Singh termed unfortunate the fact that the DTC had failed to take action against the driver and 100 others who had the same medical condition and were appointed on the basis of Guru Nanak Eye Centre’s report.“It is very disheartening for this Court to witness such negligence on the part of the petitioner department in appointing its driver,” the Court said..The Court made the observations while hearing a petition filed by the DTC against an order passed by the Central Administrative Tribunal in relation to the termination of the driver (respondent) in 2011 after an accident.After it questioned how a person suffering from colour blindness could have been appointed as a driver, the Court was told by the DTC that the driver had submitted a medical certificate from the Guru Nanak Hospital declaring him fit.It was also informed that similarly, more than 100 persons who were suffering from colour blindness, were appointed due to which an independent medical board was constituted in April 2013. .After hearing the submissions, the Court opined that it was “wrongful action” on the part of DTC to rely upon the medical certificate submitted by the driver when the certificate issued by its own medical department was contrary to the Guru Nanak Eye Centre report.It is a very appalling situation that the driver was appointed as driver with the DTC and also allowed to drive the buses for three years between 2008 and 2011, remarked the Court.“This Court observes that it is a sorry state of affairs that the petitioner woke up only in the year 2013, from its deep slumber and finally constituted an independent medical board on 13th April, 2013 for examination of the medical fitness of the respondent,” it added..Calling the matter extremely serious since it involves the issue of public safety, the Court said the DTC should have acted with due care and caution in ensuring that its drivers are fit in all aspects for the position.Thus, the Court asked to be apprised about why and under what circumstances the driver was appointed.“Accordingly, it is directed that the Chairperson, Delhi Transport Corporation shall file a personal affidavit, after due investigation, stating therein the details of the officer who is responsible for appointing the person suffering from colour blindness/medically unfit for the position of driver with the petitioner department.”.The Court also asked the DTC to explain why medical documents related to respondent were not placed before the Tribunal at the time of hearing.Seeking compliance of the order, the Court listed the matter for consideration on March 22.Advocates Manisha Tyagi and Harish Chaudhary represented the petitioner.Advocate Urvi Mohan represented the respondent (driver)..[Read Order]