HC pulls up DTC for denying appointment to bus driver

“The petition (by DTC) is a sheer abuse of process of law,and their attempt to doggedly reiterate the opinion of their medical board which has been adversely commented by an independent medical board cannot be approved by this Court,” the Bench said.

Kamal Kumar was selected by the DTC for the post of bus driver but subsequently he was denied job on the medical ground that he had incisional Hernia in his abdomen.

Aggrieved by the corporation’s denial,Kamal approached the Central Administrative Tribunal,which had directed the DTC to constitute an independent medical board to examine him.

Pursuant to the direction of CAT the medical board of All India Institute of Medical Sciences,after taking into account the reports of various other hospitals,said that he was medically fit for the job.

The corporation,instead of allowing him to join the job,approached the High Court saying their decision not to appoint Kamal as driver was justified as the requirement needed to drive heavy vehicles will worsen his health.

However,the court declined the plea of the corporation saying that once it had accepted the order of the Tribunal and acted upon that,it could not subsequently attack the order only on the ground that it was not favourable to it.

“After accepting the order of the Tribunal and acting upon it,the corporation cannot seek to assail the said order merely because the medical report of the medical board of AIIMS is not found favourable to it,” the court said.

Kamal had earlier undergone surgery for Hernia and the wound pertaining to the operation had completely healed,in the opinions of various public and private hospitals.

But the authorities in DTC medical board consistently rejected Kamal’s case despite leading hospitals repeatedly holding that he did not have any incisional Hernia.