Read Time: 05 minutes

Synopsis

The Delhi High Court has directed the Delhi Transport Corporation (DTC) to provide an explanation regarding the appointment of a person with color blindness as a driver in 2008, expressing serious concerns about the implications for public safety.

The bench of Justice Chandra Dhari Singh issued the above directions while hearing a petition filed by the DTC against the termination of the said driver in 2011 following an accident.

Justice Singh highlighted the apparent negligence of the DTC, noting that the corporation had failed to take action against the color-blind driver and approximately 100 others who shared the same medical condition, all appointed based on a report from Guru Nanak Eye Centre.

During the proceedings, the court questioned the rationale behind appointing a person with color blindness as a driver.

The DTC responded by stating that the driver had submitted a medical certificate from Guru Nanak Hospital declaring him fit. It further revealed that over 100 individuals with color blindness were appointed, leading to the establishment of an independent medical board in April 2013.

However, the Court deemed the DTC's reliance on the driver's medical certificate, contrary to its own medical department's report, a "wrongful action."

The court expressed dismay that the DTC only took corrective measures in 2013, constituting an independent medical board, despite the driver having operated buses for three years between 2008 and 2011.

Considering the matter as extremely "serious," particularly in relation to "public safety," the court emphasized that the DTC should have exercised due care and caution in ensuring the fitness of its drivers for the position.

Conclusively, the court directed the Chairperson of the Delhi Transport Corporation (DTC) to file a affidavit, after a thorough investigation, detailing the officer responsible for appointing a person with color blindness or medical unfitness as a driver.

The court also sought an explanation as to why medical documents related to the respondent were not presented before the Tribunal during the earlier hearing.

"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. 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 ordered. 

The matter is scheduled for further consideration on March 22, 2024.

Case Title: Delhi Transport Corporation v. Chet Ram