Central Administrative Tribunal - Delhi
Kamal Kumar vs Govt. Of Nct Of Delhi on 16 July, 2009
Central Administrative Tribunal Principal Bench, New Delhi T.A.No.454/2009 Thursday, this the 16th day of July 2009 Honble Shri Shanker Raju, Member (J) Honble Dr. Veena Chhotray, Member (A) Kamal Kumar s/o Shri Jai Prakash Verma r/o A-2/154 Harsh Vihar, Delhi-93 ..Applicant (By Advocate: Shri Sunil Kumar) Versus 1. Govt. of NCT of Delhi Through Secretary Players Bldg, ITO New Delhi 2. Delhi Transport Corporation (Through its Chairman) DTC Head Quarter IP Depot, IP Estate, New Delhi ..Respondents (By Advocate: Ms. Arati Mahajan) O R D E R (ORAL)
Shri Shanker Raju:
Counter reply filed by the respondents is taken on record.
2. Applicant, who applied for the post of Driver in Delhi Transport Corporation (DTC), was temporarily found unfit due to incisional hernia, which has been caused due to an operation conducted in the past. Applicant got examination himself in GTB, AIIMS and St. Stephens Hospitals where consisting opinion rendered by the medical authorities is that he had no history of incisional hernia, yet the Board constituted by the DTC ruled that post operative scar are more prone to develop bulge or diverticulate being weak point in the abdominal wall at operation site and the applicant is more prone to be the victim of the disease as he has to drive the heavy vehicle, i.e., public transport vehicle / passenger bus, which could lead to rupture at any time endangering the life of passengers. As such, it is stated by learned counsel for respondents that the medical board declared the applicant unfit for the post of driver in view of his dangerous / morbid medical condition.
3. In our considered view, when the reputed hospital, like AIIMS, has rendered an opinion, which is categorical that the applicant had no history of incisional hernia, the complete justice between the parties would be met if the respondents refer the applicant for a medical examination by the Board at AIIMS and on the basis of their opinion, they are directed to process the case of the applicant for appointment as Driver in DTC. Such a request has to be made by the respondents to the AIIMS within a period of one month from the date of receipt of a copy of this order. No costs.
( Dr. Veena Chhotray ) ( Shanker Raju ) Member (A) Member (J) /sunil/