Madras High CourtWP/5972/2024disposed of

Senthilkumar v. Transport Commissioner (State Transport Authority)

2024-03-07Honourable Mr Justice G.K. Ilanthiraiyan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.03.2024

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Senthil Kumar ... Petitioner -Vs1. Transport Commissioner (State Transport Authority), Ezhilagam, 2nd Floor, Walaja Road, Chepauk, Chennai - 600005.

2. P.Muruganantham ... Respondents Prayer : Writ Petition filed under Article 226 of Constitution of India praying for the issuance of a Writ of Mandamus, directing the respondent to consider the petitioner representation dated 30.10.2023. For Petitioner : Mr.P.Sabari For R1 : Mr.K.Tamilvendan Government Advocate

ORDER

This writ petition has been filed for direction directing the respondent to consider the petitioner representation dated 30.10.2023 seeking appropriate disciplinary action as against the second respondent.

2. Heard the learned counsel on either side and perused the materials available on record.

3. The petitioner was a driver of a private bus. He caused accident, due to which, the rider of a two wheeler died. Therefore, FIR has been registered as against the petitioner in Crime No.118 of 2022, on the file of the Inspector of Police, Gomangalam Police Station, Coimbatore for the offences under Sections 279 and 304(A) of IPC. Pursuant to the registration of FIR, the driving license of the petitioner was suspended for a period of six months by an order dated 15.06.2022 passed by the second respondent. After a period of six months, the petitioner was directed to submit refreshment course certificate for two days and medical certificate. Accordingly, the petitioner had undergone refreshment course for two days and also produced the medical certificate and refreshment course certificate before the second respondent, on 14.10.2022.

However, on receipt of the same, the second respondent failed to revoke the order of suspension of the petitioner's driving license. Therefore, the petitioner submitted a representation before the first respondent for taking appropriate disciplinary action as against the second respondent.

4. In view of the above facts and circumstances of the case, the second respondent is directed to consider the refreshment course certificate and the medical certificate produced by the petitioner and pass order to revoke the order of suspension of his driving license, forthwith, if it is otherwise in order.

5. With the above directions, this writ petition is disposed of. There shall be no order as to costs.

07.03.2024 Internet: Yes Index : Yes/No Speaking/Non Speaking order mn

G.K.ILANTHIRAIYAN. J, mn To The Transport Commissioner (State Transport Authority), Ezhilagam, 2nd Floor, Walaja Road, Chepauk, Chennai - 600005.

07.03.2024