Counsel For Advance Road Education Social Society v. Govt. Of NCT Of Delhi & ANR

$~15 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 3338/2016 & CM Appl. 14227/2016 (stay) COUNSEL FOR ADVANCE ROAD EDUCATION SOCIAL SOCIETY ..... Petitioner Through:

Mr.

N.S.Dalal & Ms.

Ruchika Sharma, Advocates versus GOVT. OF NCT OF DELHI & ANR ..... Respondents Through:

Mr. Rishikesh Kumar & Mohd. Irsad, Advocates for respondents.

Respondent No. 2 in person.

CORAM:

HON'BLE MR. JUSTICE J.R. MIDHA

O R D E R

% 03.05.2016 1.

The petitioner has challenged the order dated 13th 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 13th April, 2016, which is in clear violation of Rule 28 of the Central Motor Vehicle Rules. 3.

The respondents are directed to issue a fresh show cause notice to the petitioner within one week, afford an opportunity of hearing to the petitioner and thereafter pass a fresh speaking order within a period of eight weeks. 4.

The order dated 13th April, 2016 shall be kept in abeyance till the fresh order is passed.

5.

This writ petition and the pending application are disposed of in terms of the above.

6.

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. 7.

Copy of this order be given dasti to counsels for the parties under signatures of the Court Master.

J.R. MIDHA, J MAY 03, 2016 rs