B. Sathyam v. The Tsrtc

THE HONOURABLE SRI JUSTICE A.V.SESHA SAI WRIT PETITION No.8981 of 2018 ORDER:

Heard Sri D.V.Chalapathi Rao, learned counsel for the petitioner and Sri N.Vasudeva Reddy, learned Standing Counsel for the respondents.

A notice of termination of agreement issued by the Telangana Road Transport Corporation vide proceedings No.P1/359(45)/2014-RR, dated 13.03.2018 is under challenge in the present writ petition. The sum and substance of the case in the present writ petition is that without being preceded by any show cause notice, the respondent authorities resorted to the impugned action. A reading of the notice impugned in the present writ petition does not reveal anything with regard to the issuance of show cause notice. In the considered view of this Court, the said action of the respondents is totally in violation of the principles of natural justice.

It is submitted by the learned counsel for the petitioner that the respondent-authorities are not permitting the petitioner to ply the vehicle or not taking the vehicle of the petitioner herein on hire purchase.

On the other hand, the learned Standing Counsel for the respondents submits that the petitioner herein is not producing the vehicle before the respondents and if it is produced, appropriate action will be taken.

Recording the said submissions, the writ petition is disposed of with a direction that the impugned proceedings dated 13.3.2018 shall be treated as show cause notice and petitioner herein is permitted to submit an explanation to the same within a period of 15 days from the date of receipt of a copy of this order and if any such explanation is offered, the same shall be considered and appropriate action shall be taken strictly in accordance with law by assigning the reasons. It is also made clear that on production of vehicle before the respondent authorities, the authorities are directed to consider the request of the petitioner herein as per law.

Consequently, miscellaneous petitions pending, if any, shall stand closed.

_________________________ JUSTICE A.V.SESHA SAI Date: 21.03.2018 Note: Furnish CC in 2 days (Bo) slk