M/S Simons Motors Driving Training & Research Society v. Govt. Of NCT Of Delhi & ANR
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IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 3246/2016 and C.M. Appl. 13846/2016 M/S SIMONS MOTORS DRIVING TRAINING & RESEARCH SOCIETY ..... Petitioner Through:
Mr. N.S. Dalal and Aman Mudgal, Advocates versus GOVT. OF NCT OF DELHI & ANR ..... Respondents Through:
Mr. Rahul Sharma and Mr. Ankit Roy, Advocates
CORAM:
HON'BLE MR. JUSTICE J.R. MIDHA
O R D E R
% 26.04.2016 1.
The petitioner has challenged the order dated 07th April, 2016 (Annexure P-3) whereby the respondent has suspended the petitioner's licence with immediate effect.
2.
Learned counsel for the petitioner submits that the respondents neither gave a show cause notice nor afforded any opportunity of hearing to the petitioner before passing the order dated 07th April, 2016, which is in clear violation of Rule 28 of the Central Motor Vehicle Rules. 3.
Learned counsel for the respondents submits, on instructions from respondent No.2 present in Court, that the respondents shall issue a fresh show cause notice to the petitioner within one week, afford an opportunity of hearing to the petitioner and shall thereafter pass a fresh speaking order within a period of eight weeks.
4.
It is further submitted that the order dated 07th April, 2016 shall be kept in abeyance till the fresh order is passed in terms of the statement made
above.
5.
This writ petition and the pending application are disposed of in terms of the statements made by learned counsel for the respondents. 6.
It is clarified that this Court has not examined the matter on merits in view of the statement made by learned counsel for the respondents. 7.
If the petitioner is not satisfied with the reasoned order passed by the respondents, the petitioner would be at liberty to file appropriate legal remedies available to the petitioner in accordance with law. 8.
Copy of this order be given dasti to counsels for the parties under signatures of the Court Master.
J.R. MIDHA, J.
APRIL 26, 2016 rsk