K.Thangadurai v. The Licens Authority

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.11.2022

CORAM

THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU and W.M.P. No. 29793 of 2022 K.Thangadurai ... Petitioner -vsThe Licensing Authority / Regional Transport Officer Dr. Balasundaram Road Coimbatore - 641 018.

... Respondent Prayer:- Writ Petition filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Certiorarified Mandamus, calling for the records pertaining to the order dated 22.09.2022 passed by the Respondent in Show Cause No. TN 66/2022/629-42463/B4/22, quash the same and consequently, direct the Respondent to return the Petitioner forthwith his original license bearing No. TN 29 19930001303 without any endorsement, within a specified time as fixed by the Court. 1/10

For Petitioner : Mr. V.Ajoy Khose For Respondents : Mr. T.Arun Kumar, Additional Government Pleader

O R D E R

Heard Mr. V.Ajoy Khose, Learned Counsel for the Petitioner and Mr. T.Arun Kumar, Learned Additional Government Pleader, who takes notice for the Respondent, and perused the materials placed on record, apart from the pleadings of the parties.

2.

The Petitioner is a driver in the Tamil Nadu State Transport Corporation, Coimbatore Region, and while on duty, the bus bearing Registration No. TN-38-N-1581 driven by him had on 27.08.2022 met with an accident. The Police Officer, who is investigating that accident, had on 29.08.2022 collected the driving licence of the Petitioner and forwarded it to Respondent, who is the Licensing Authority, and the Petitioner had made representation dated 30.08.2022 to return the same. However, the Respondent on receipt of intimation dated 01.09.2022 from the Traffic Investigating Wing, West Coimbatore City, issued a show cause notice dated 05.09.2022 for suspending the licence of the Petitioner following the recommendations made by the Committee on Road Safety appointed by the Hon'ble Supreme Court of 2/10

India (F. No. 05/2014/CoRS-Part-III dated 18.08.2015), and after receipt of explanation dated 20.09.2022 from him, by proceedings in Show Cause No. TN 66/2022/629-42463/B4/22 dated 22.09.2022 in exercise of powers conferred under Section 19(1)(d) and (f) of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act' for short) read with Rule 21 of the Central Motor Vehicles Rules, 1989, suspended the licence of the Petitioner for the period from 07.09.2022 to 06.03.2023 (5 months and 27 days), which is challenged in this Writ Petition.

3.

The primordial attack on the impugned order by Learned Counsel for the Petitioner is that though the Petitioner has submitted his explanation in response to the show cause notice, neither it has been considered nor any opportunity of personal hearing has been afforded to the Petitioner, before passing the impugned order entailing adverse civil consequences to him. 4.

In this context, it must be noticed that certain amendments have been made to the Act, which have come into force from 01.09.2019 onwards and clause (4) in Section 206 and clause (1-A) in Section 19 have been inserted to the Act that have bearing to the contentions raised in the Writ Petition, and read as follows:- 3/10

"206. Power of police officer to impound document:- ....

(4) A police officer or other person authorised in this behalf by the State Government shall, if he has reason to believe that the driver of a motor vehicle has committed, an offence under any of Sections 183, 184, 185, 189, 190, 194-C, 194-D or 194-E, seize the driving licence held by such driver and forward it to the licensing authority for disqualification or revocation proceedings under Section 19:

Provided that the person seizing the licence shall give to the person surrendering the licence a temporary acknowledgement therefor, but such acknowledgement shall not authorise the holder to drive until the licence has been returned to him."

"19. Power of licensing authority to disqualify from holding a driving licence or revoke such licence:- ....

(1-A) Where a licence has been forwarded to the licensing authority under sub-section (4) of Section 206, the licensing 4/10

authority, if satisfied after giving the holder of the driving licence an opportunity of being heard, may either discharge the holder of a driving licence or, it may for detailed reasons recorded in writing, make an order disqualifying such person from holding or obtaining any licence to drivel all or any class or description of vehicles specified in the licence:- (a) for a first offence, for a period of three months; (b) for a second or subsequent offence, with revocation of the driving licence of such person:

Provided that where a driving licence is revoked under this Section, the name of the holder of such driving licence may be placed in the public domain in such manner as may be prescribed by the Central Government."

It is evident on a plain reading of the said statutory provisions that the Licensing Authority has to record detailed reasons in writing after giving opportunity of personal hearing to the concerned holder of the driving licence for having arrived at the conclusion to either discharge or disqualify him from holding the driving licence. Inasmuch as there is nothing in the impugned order reflecting that such opportunity of personal hearing has been afforded to the Petitioner and no reasons have been explained by the Respondent for having 5/10

arrived at the conclusion to suspend the driving licence of the Petitioner, it would vitiate the impugned order.

5.

There is also substantial force in the contention of Learned Counsel for the Petitioner that the aforesaid statutory provisions empower the Licensing Authority to disqualify a person from holding a driving licence for a first offence, as in this case, only for a period of three months and that the Petitioner cannot be deprived of his right of holding the driving licence beyond that period of three months, which has to be computed from the date on which the driving licence has been seized from him, and in the present case, the imposition of the penalty of suspension of driving licence for the period from 07.09.2022 to 06.03.2023, i.e., 5 months and 27 days, is bad in law.

on which the driving licence has been seized from its holder by the Police Officer after the occurrence of accident.

6.

The upshot of the foregoing discussion is that the Writ Petition is disposed on the following terms:- (i) the impugned Order in Show Cause No. TN 66/2022/629-42463/B4/22 dated 22.09.2022 passed by the Respondent is set aside and remitted to the Respondent for fresh consideration of the matter; (ii) the Respondent shall immediately consider the explanation dated 20.09.2022 submitted by the Petitioner for the show cause notice dated 05.09.2022 issued to him;

(iii) if any other details or supporting documents are necessary, the deficiencies in that regard shall be informed in writing by the Respondent to the Petitioner requiring the same to be furnished within two clear working days from the date of its receipt by him; (iv) an enquiry shall be conducted thereafter affording full opportunity of personal hearing to the Petitioner to explain his position in that regard; (v) a reasoned order shall be passed dealing with each of the contentions raised on merits and in accordance with law and the decision taken communicated under written acknowledgment;

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(vi) in the event that the Respondent is not able to pass final orders within the period of three months from the actual date of seizure of the driving licence of the Petitioner by the Police Officer, the driving licence of the Petitioner shall be then forthwith returned to him with endorsement to the effect that the Petitioner shall not be precluded from driving the vehicles for which he is otherwise authorized from that date onwards, subject to the result of the proceedings in which final orders would follow later; (vii) the Respondent shall file report of such compliance by 31.12.2022 before the Registrar (Judicial) of the Court;

(viii) consequently, the connected Miscellaneous Petition is closed; and (ix) there shall be no order as to costs.

18.11.2022 Maya Index: Yes/No Note: Issue order copy by 22.11.2022.

To The Licensing Authority / Regional Transport Officer Dr. Balasundaram Road Coimbatore - 641 018.

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Copy to The Registrar (Judicial), Madras High Court, Chennai - 600 104.

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P.D. AUDIKESAVALU, J.

Maya 18.11.2022 10/10