Delhi High Court Questions DTC on Hiring Color Blind Individual as Bus Driver

“It is very disheartening for this Court to witness such negligence on the part of the petitioner department in appointing its driver”: Justice Chandra Dhari Singh.

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NEW DELHI: This case raises serious concerns about public safety and employment protocols, the Delhi High Court has sought an explanation from the Delhi Transport Corporation (DTC) regarding the appointment of a person with color blindness as a bus driver. This inquiry stems from a petition filed by the DTC against a 2011 order by the Central Administrative Tribunal related to the termination of this driver following an accident.

The court was informed that the driver in question had been deemed fit based on a medical certificate from Guru Nanak Hospital. However, this certification came into question, especially since the DTC’s own medical department had issued a report contrary to the Guru Nanak Eye Centre’s findings. The court learned that this was not an isolated incident, as over 100 individuals with color blindness had been similarly appointed, leading to the formation of an independent medical board in April 2013 to assess the medical fitness of these employees.

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Expressing dismay over the situation, the court remarked on the gravity of allowing an individual with color blindness to operate DTC buses for three years (2008-2011). The court observed-

“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.”

Highlighting the critical nature of the issue, which directly pertains to public safety, the court emphasized that the DTC should have exercised greater care and caution in ensuring that its drivers were fully fit for their roles. Consequently, the court has directed the Chairperson of the Delhi Transport Corporation to file a personal affidavit. This affidavit is expected to detail the investigation’s findings, particularly identifying the officer responsible for appointing a medically unfit individual to the driver’s position.

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This case underscores the importance of stringent medical fitness checks in public transport sectors and the need for responsible hiring practices to ensure the safety of commuters. The Delhi High Court’s intervention in this matter reflects its commitment to upholding public safety standards and holding accountable those responsible for lapses in such critical employment decisions.

CASE TITLE:
[Delhi Transport Corporation v. Chet Ram]

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Vaibhav Ojha

ADVOCATE | LLM | BBA.LLB | SENIOR LEGAL EDITOR @ LAW CHAKRA

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