M.Gopal v. The Regional Transport Officer And
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 28.01.2022 CORAM :
THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM W.P.No.1187 of 2022 and W.M.P.No.1264 of 2022 M.Gopal
...Petitioner
Vs.
1. The Regional Transport Officer And Licensing Authority, Transport Department, Coimbatore South, Coimbatore - 614004.
2. The Regional Transport Officer And Licensing Authority, TN 47 Z, Kulithalai Unit Office, Kulithalai, Karur District.
3. The Inspector of Police, Traffic Investigation Wing - East Police Station, Coimbatore City, (Crime No. 512/2021)
...Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents to forthwith return petitioner's original driving license bearing DL No. TN 47 20060000890 to him within a time limit that may be fixed by this Court. For Petitioner : Mr.S.Gunaseelan For Mr.A.Rahul For Respondents : Mrs.V.Yamuna Devi Special Government Pleader
ORDER
The writ on hand has been instituted to direct the respondents to forthwith return petitioner's original driving license bearing DL No. TN 47 20060000890 to him within a time limit.
2. The petitioner was issued with a license to drive heavy passenger transport vehicle by the Licensing Authority, Regional Transport Office, Kulithalai. The license was issued to the petitioner on 09.03.2006. He was appointed as a Driver in the Tamil Nadu State Transport Corporation (TNSTC) (Kumbakonam) Ltd., with effect from 24.02.2014 and the petitioner is now serving at Manapparai Branch, Trichy Region of the said Transport Corporation. The petitioner states that he has not caused any fatal accident during his eight years of service in the Transport Corporation. He was entrusted with a bus bearing Registration No. TN 47 N 4155 belonging to TNSTC (Kumbakonam) Ltd., in the route between Coimbatore to Trichy on 09.12.2021. When the bus was moving out of Singanallur bus stand, Coimbatore, two persons came in a two wheeler and stopped the bus by giving a signal and an accident occurred and a Criminal case was registered in Crime No.512 of 2021 by Traffic Investigation Wing-East Police Station, Coimbatore City, for offences under Sections 279 and 304A of I.P.C.
3. The learned counsel for the petitioner mainly contended that under Section 19 of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act'), an opportunity of hearing must be provided to the petitioner. Section 19 sub Section (1) of the Act reads as under:
"19. Power of licensing authority to disqualify from holding a driving licence or revoke such licence . -
(1) If a licensing authority is satisfied, after giving the holder of a driving licence an opportunity of being heard, that the - (a) is a habitual criminal or a habitual drunkard ; or 34 (b) is a habitual addict to any narcotic drug or psychotropic substance within the meaning of the Narcotic Drugs and Psychotropic Substances Act, 1985 ; or (c) is using or has used a motor vehicle in the commission of acognizable offence ; or (d) has by his previous conduct as driver of a motor vehicle shown that his driving is likely to be attended with danger to the public ; or (e) has obtained any driving licence or a licence to drive a particular class or description of motor vehicle by fraud or misrepresentation ; or (f) has committed any such act which is likely to cause nuisance or danger to the public, as may be prescribed by the Central Government, having regard to the objects of this Act; or (g) has failed to submit to, or has not passed, the tests referred to in the proviso to subsection (3) of section 22 ; or (h) being a person under the age of eighteen years who has been granted a learner's licence or a driving licence with the consent in writing of the
person having the care of the holder of the licence and has ceased to be in such care, it may, for reasons to be recorded in writing, make an order -
4. Relying on the above Section 19 of the Act, the learned counsel for the petitioner reiterated that the petitioner is entitled for an opportunity and the authorities competent are bound to conduct an enquiry.
5. This Court is of the considered opinion that Section 19 provides power of the licensing authority to disqualify from holding of driving license or revoke such license. Sub Section 1 (a), (b), (c), (d), (e), (f), (g), (h) are providing various circumstances under which the licensing authority is empowered to disqualify a person from holding a driving license or revoke such license. Section 19 Sub Section 1(c) stipulates that a person is using or has used a Motor Vehicle in the commission of a cognizable offence. Therefore, the accident would not fall under any of the circumstances as narrated under Section 19 of the Act.
6. Thus, the Court has to consider under what provision the licensing authority is empowered to hold the license of a person. In this regard Section 21 is relevant, as it deals with suspension of driving license in certain cases.
7. Section 21 sub Section (1) of the Act reads as under:
"21. Suspension of driving licence in certain cases . - (1) Where, in relation to a person who had been previously convicted of an offence punishable under section 184, a case is registered by a police officer on the allegation that such person has, by such dangerous driving as is referred to in the said section 184, of any class or description of motor vehicle caused the death of , or grievous hurt to, one or more persons, the driving licence held by such person shall in relation to such class or description of motor vehicle become suspended - (a) for a period of six months from the date on which the case is registered, or (b) if such person is discharged or acquitted before the expiry of the period aforesaid, until such discharge or acquittal, as the case may be.
7. As per Section 21, the authorities competent is empowered to suspend license for a period of six months from the date on which case is registered. Thus, the authorities Competent are well within their power to suspend the driving license for a period of six months from the date on which the case is registered. Admittedly, in the present case, a Criminal case has been registered against the petitioner under
Sections 279 and 304A of I.P.C. As far as the suspension under Section 21 of the said Act is concerned, registration of a case would be sufficient and there is no enquiry needs to be conducted. As far as the revocation or disqualification is concerned, Section 19 of the said Act would be applicable. Therefore, in the case of the petitioner, the authorities are empowered to invoke Section 21 of the Act by suspending the driving license for a period of six months from the date on which the case has been registered.
8. This being the scope, the petitioner is at liberty to approach the competent authority for the purpose of revocation or suspension or otherwise, in the manner known to law and the authorities have to consider the case based on the facts and circumstances taking note of the fact regarding the registration of the Criminal Case against the petitioner. However, the relief as sought for in the present writ petition cannot be granted.
9. Accordingly, the Writ Petition stands disposed of. No costs. Consequently, the connected Writ Miscellaneous Petition is closed.
Sd/- Assistant Registrar (CS-IX) //True Copy// Sub Assistant Registrar Jeni/RR To
1. The Regional Transport Officer And Licensing Authority, Transport Department, Coimbatore South, Coimbatore - 614004.
2. The Regional Transport Officer And Licensing Authority, TN 47 Z, Kulithalai Unit Office, Kulithalai, Karur District.
3. The Inspector of Police, Traffic Investigation Wing - East Police Station, Coimbatore City, (Crime No. 512/2021) +1cc to Government Pleader SR. No.5684 W.P.No.1187 of 2022 AK (CO) PR (10/02/2022)