New Delhi, Jan 22: The Delhi High Court has asked the city transport corporation to explain how it appointed a colour-blind person as a driver and allowed him to drive its buses for three years.
Justice Chandra Dhari Singh said the matter was extremely serious since it involved public safety and it was "very disheartening" to witness the "negligence" on the part of the Delhi Transport Corporation (DTC).
Lamenting the "sorry state of affairs", Justice Singh asked the DTC chairperson to file a personal affidavit after due investigation and state the details of the officer responsible for the recruitment made in 2008.
The court passed the order on a petition by the DTC concerning the services of the colour-blind driver who was terminated in January 2011 due to an accident.
Colour-blind people are unable to differentiate between colours, especially green and red.
"The petitioner authority should have acted with due care and caution in ensuring that its driver is fit in all aspects to be appointed to the said position. Hence, this Court wants to now apprise itself of the fact as to why and under what circumstances, the petitioner department had appointed the respondent without considering the public safety since such actions may cause serious implications to the public safety," the court said in a recent order.
"It is a very appalling situation that the respondent was appointed as driver with the petitioner department as well as allowed to drive the buses of the petitioner department since his appointment in the year 2008 till 2011 i.e. for 3 years," the court remarked.
On being asked as to how a person suffering from colour blindness at the time of recruitment was appointed as a driver, the court was informed it was done on the basis of a medical certificate issued by Guru Nanak Hospital.
It was added that more than 100 people suffering from colour blindness were appointed, prompting constitution of an independent medical board in 2013.
The court said the corporation's decision to rely on a medical certificate submitted by the candidate was a "wrongful action" and contrary to the medical test certificate issued by its own medical department.
"The petitioner department has unfortunately not taken into account whether the respondent is medically fit for the position for which he was employed for and did not even take any action against the respondent and other 100 persons who were appointed on the basis of the report of the Guru Nanak Eye Centre," the court said.
"This Court observes that 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," the court said.
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Bengaluru (PTI): Alleging a “criminal conspiracy” by BJP candidate D N Jeevaraj in the Sringeri Assembly poll recounting, Karnataka CM Siddaramaiah on Tuesday said the outcome was manipulated after valid postal ballot votes in favour of Congress leader T D Raje Gowda were tampered with during the recounting process.
Following a Karnataka High Court order on an election petition filed by Jeevaraj, challenging Raje Gowda’s election, the reverification and recounting were conducted on Saturday.
After the reverification and recount of postal ballots for the Sringeri Assembly constituency, votes polled in favour of Raje Gowda were reduced by 255, the returning officer said.
A report on the matter has been submitted to the Election Commission of India for further action, the officer added.
Congress leader Raje Gowda had won the 2023 Assembly polls from Sringeri by 201 votes, defeating his nearest rival Jeevaraj.
Addressing a press conference in Bengaluru, Siddaramaiah said the High Court had directed the recounting of postal ballots and that irregularities were noticed during the exercise conducted on May 2.
“This is a clear case of criminal conspiracy,” Siddaramaiah said, alleging that valid votes cast in favour of Raje Gowda were altered after being accepted by counting agents of all parties, including Congress, BJP, and JD(S).
He claimed that during the recounting of postal ballots, 255 votes were initially accepted as valid by all agents but were later tampered with by subordinate officials.
“There is a second mark on the votes polled in favour of Raje Gowda. They had accepted these as valid votes. Subsequently, another mark was made by officials. This is a clear case of criminal conspiracy,” he said.
When asked who was behind the alleged conspiracy, the CM replied, “It was hatched by Jeevaraj and others. It is planned.”
Siddaramaiah further alleged that the returning officer acted improperly by declaring the result despite the presence of an Election Commission observer during the recounting.
“Immediately after the counting, the returning officer announced the result. He should not have done so; this is against the law,” he said.
He pointed out that Raje Gowda had originally won by 201 votes, but after the recounting, the BJP candidate was declared the winner by 52 votes.
“The BJP has committed a criminal act of conspiracy. This is not vote chori but vote dacoity,” he alleged.
The CM said a police complaint had already been filed by Raje Gowda’s election agent, Sudhir Kumar, and emphasised the need for electoral integrity.
“We want transparency and free and fair elections. That is what our Constitution mandates,” he added.
Stating that the government would pursue legal remedies, Siddaramaiah said, “We are preparing an appeal challenging the returning officer’s announcement in a court of law.”
Responding to a separate query on elections in other states, the CM said there appeared to be an anti-incumbency factor in West Bengal, while results in Tamil Nadu were “surprising,” adding that Vijay’s party was emerging as the largest there.
Following the victory of party candidates in Bagalkote and Davanagere South, Siddaramaiah expressed confidence about future electoral prospects in Karnataka.
“Even in 2028, we will win the Assembly elections. We will come back,” the CM said.
Siddaramaiah added that he would order a forensic examination into the alleged tampering of postal ballots.
