Archive for January, 2021

Transport Department Delhi Ignoring the Direction of Honourable Supreme Court of India

January 16, 2021

Honourable Sir,
With due respect We need bring to your kind notice that the postings of non technical officer on technical post are not only illegal, it’s harmful for citizens of NCT of Delhi, in this Lieu We submit some points mentioned here

The functions of a Motor vehicles Department are technical in nature. The minimum qualifications prescribed by the Central Government for the lowest entry level (Motpr Vehicle Inspector) is three years diploma in automobile engineering or mechanical engineering and working experience in reputed automobile workshop. The job profile of Motor Vehicle Inspector is to assess and certify the road worthiness of a Motor Vehicles before their registration and at the time of renewal of registration in accordance with Motor Vehicles Act and Rules made thereunder and relevant standards of Automotive Industry. The Motor Licensing Officer (MLO) is immediate supervision/ controlling authority of MVI. The post of MLO is feeder a channel of MVI. As per the settled procedure, minimum 10-15% of work/ performance of subordinates must be cross checked by immediate superior officer to ensure that assigned works/tasks are being performed in a prescribed manner.
The motor vehicle is assembly of components manufactured with precision instruments for which specific technical know how is precedent. It involves science of metallurgy, physics, chemistry, drawing, electricity, mechanical and electronics. Unless one’s have expertise in automobile engineering, he can’t make rationale assessment of the road worthiness of a motor vehicle. Even the matter of licensing of motor vehicles and road safety also technical in nature. A person who doesn’t have expertise in automobile can’t make realistic inspection of vehicles involved in mishaps/ accidents how can then he arrived at the causes of accident and fix responsibility. Therefore, a sound knowledge of automobile engineering and construction, equipment & maintenance of motor vehicle is must.
Recently, Delhi Transport Department has appointed Section Officers as Motor Licensing Officer (MLO). As per the DMVR, 1993, the MLO is a Registering and Licensing Authority anf both functions are fully technical in nature. Section Officers who had been appointed as MLOs don’t have precise skills in construction and maintenance of motor vehicles then how can they be expected to discharge functions of MLOs which are fully technical in nature. The superior officers of MVI must have expertise in constructions of components, assembly of Motor vehicles and their functions to have an effective control. What do Section Officers know about the terminology of motor vehicle [wheelbase, Track, Swept Volume, 2-strokes and 4-stocks, oversteering and understeerind, posative ignition and compression ignition, TDS and BDS, caster and camber, side overhang and rear overhang, tyre designation, load index speed index, TWI, (class, type & category of motor vehicles), how to arrive at Gross vehicle weight (GVW), AIS/BIS standards, Vehicle Identification Number (VIN) and even they know nothing about the type in which a vehicle to be registered). It’s sheer mockery with the Motor Vehicle Department and citizens of Delhi. There is no technical department whose superior officers/ overseeing authority is non-technical fraternity. Is there any non-judiciary fraternity overseeing the judiciary? Is there any non-medical fraternity overseeing the medical fraternity? Is there any non-civil engineering fraternity overseeing or controlling the civil engineering fraternity? Is there any non-accounting fraternity overseeing or controlling authority of accounting fraternity? Answer to all anove is no. So is the case of Motor Vehicles Department. The functions of a Motor Vehicle Department are technical in nature like registration, fitness/ road worthiness, licensing, inspection of vehicles involved in accidents, road safety etc. At least there can’t be immediate superior officer/overseeing authority of a Motor Vehicle Inspector which does not possess pre-requisite qualifications to discharge functions of technical in nature. Motor Licensing Officer who is overseeing authority of the Motor Vehicle Inspector can’t be non-technical.
There seems to be a big conspiracy in appointing Section Officers to discharge the functions of Motor Licensing Officer. None of the employees of Delhi Transport Department dares to bring this conspiracy into the notice of higher authorities or to general public. They are under constant fear of suspension or disciplinary action if raise voice against the officer who is manipulating policies and sheer violations of the statutes.

With due respect We need bring to your kind notice that before the same action are taken and at the time of hearing Honourable High Court and Honourable Supreme Court of India also directed that non technical officer are not posted on technical post
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Also section 213 and CMVR 1989 prescribe the minimum qualifications to discharge the transport services so deploying non technical persons are non statuary and non compliant of the provisions of law. In case of any exergency the authorisation by unqualified person is not valid in court of law eg medicine prescribed or procedure by non medical person.

Here we also like to inform you that in matter of Honourable Supreme Court of India and Honourable High Court of Delhi transport department accepted that non technical officer never posted on technical post.

We request please take necessary action against the person who are involved for posted as Motor Licencing Officer to Section officer.

Sanjay Bathla