Delhi High Court Seeks DTC Chairperson's Personal Affidavit Over Appointment Of Bus Drivers With Colour Blindness

The Delhi High Court has sought a personal affidavit of Delhi Transport Corporation (DTC) Chairperson over appointment of more than 100 individuals with colour blindness as bus drivers.

Justice Chandra Dhari Singh expressed displeasure over the situation and said that the matter was “extremely serious” in nature since it involves an issue of public safety.

“It is very disheartening for this Court to witness such negligence on the part of the petitioner department (DTC) in appointing its driver,” the court said.

The court was dealing with a plea moved by DTC in 2017 against one of its drivers who has colour blindness at the time of recruitment.

An application was moved by DTC seeking to place on record certain additional documents which showed that in October 2008, the driver was found suffering from DDV and DNV.

DTC also sought to place on record the document stating that the driver was declared medically fit by the Guru Nanak Hospital and was directed to go for re- examination by an Independent Medical Board for Medical Checkup.

The driver was terminated in January 2011 due to an accident causing 30% disability to the victim.

The court then asked DTC's counsel as to how an individual with colour blindness at the time of recruitment was appointed as a driver.

To this, it was submitted that since the driver had submitted a medical certificate from the Guru Nanak Hospital, declaring him fit, he and similarly more than 100 persons with colour blindness were appointed as drivers due to which an independent medical board was constituted on April 13, 2013.

The court observed that DTC had appointed the driver, who was unfit for the position as he had colour blindness, merely on the basis of the medical certificate issued by the Guru Nanak Hospital. 

It observed that for DTC to rely upon the medical certificate submitted by the driver was a wrongful action on its part as the said medical certificate was contrary to the medical test certificate issued by DTC's own medical department.

“It is a very appalling situation that the respondent was appointed as driver with the petitioner department as well as allowed to drive the buses of the petitioner department since his appointment in the year 2008 till 2011 i.e. for 3 years,” the court said.

It added: “The petitioner department has unfortunately not taken into account whether the respondent is medically fit for the position for which he was employed for and did not even take any action against the respondent and other 100 persons who were appointed on the basis of the report of the Guru Nanak Eye Centre. It is very disheartening for this Court to witness such negligence on the part of the petitioner department in appointing its driver.”

Observing that DTC should have acted with due care and caution in ensuring that its driver is fit in all aspects to be appointed, the court directed the department's Chairperson to file a personal affidavit, after due investigation, stating the details of the officer responsible for appointing persons with colour blindness or medically unfit for the position of driver.

“It shall also state as to why the additional documents which are appended to the instant application, were not placed before the learned Tribunal at the time of the hearing. Let the compliance be done within four weeks from today,” the court said.

The matter will now be heard on March 22.

Title: DELHI TRANSPORT CORPORATION v. CHET RAM

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