DTC Vs. KAMAL KUMAR

JUDGEMENT

(1.) THE petitioner has challenged the order dated 16th July, 2009 passed by the Central Administrative Tribunal, principal Bench, New Delhi in T. A no. 454/2009 titled Kamal Kumar v. Government of NCT of Delhi and Anr directing the petitioner to send the respondent for medical examination by the Board at aiims and on the basis of their opinion directing the petitioner to process the case of the respondent for appointment as driver in DTC.

(2.) PURSUANT to the order passed by the Tribunal, a medical board was constituted on the request of Deputy Manager (Personnel) of the petitioner contained in his letter dated 30th July, 2009 bearing No. PLD- III (Dr. /dsssb/court Case)/2009/2844. The medical board has given the following opinion:-

(3.) FROM the opinion given by the medical board of All India Institute of Medical sciences after considering the report of respondents examination at GTB hospital, RML Hospital, Hedgewar Hospital, St. Stephens Hospital, Max Hospital and Surgery Unit III OPD at AIIMS and the other reports and films of the ultrasound and his examination done, the unanimous opinion is that the respondent had no incisional Hernia in his abdomen and the wound has been nicely healed and there is no clinical or investigative evidence of Hernia at present. Despite the medical opinion given by All India Institute of Medical sciences medical board constituted pursuant to the order of the Tribunal, it has again been contended by the petitioner that the case of the respondent is of an Exploratory Laprotomy done for traumatic Jejunal perforation operated in february, 2004 with mild diverticulation in epigestrtic region leading to initial stage of Incisional Hernia. In the circumstances, it is contended that post operative scar are more prone to develop bulge or diverticulae being weak in the abdominal wall make the respondent more prone to be the victim of disease as he would have to drive a heavy vehicle and in the circumstances it is contended that his medical condition would worsen and this will not be conducive for the functioning of the petitioner and in the circumstances the petitioner is entitled for declining appointment to respondent as a driver. This cannot be disputed that pursuant to order dated 16th July, 2009, the medical board was constituted by All India institute of Medical Sciences. The petitioner did not dispute the order dated 16th July, 2009 whereby the medical board of AIIMS was directed to be constituted in view of the opinion of the medical board of the DTC and other hospitals. Therefore, the petitioner accepted the impugned order and acted upon it without any reservations.