S.M.Firdous Ali v. The Andaman And Nicobar Administration And ORS.
IN THE HIGH COURT AT CALCUTTA
Civil Appellate Jurisdiction [ CIRCUIT BENCH AT PORT BLAIR ] *** MAT/13/2022 S. M. Firdous Ali ... Appellant Vs.
The Andaman and Nicobar Administration and others .....Respondents Mr. KMB Jayapal ... for the appellant Mr. Tulsi Lall Mr. Rakesh Kumar ... for the respondents November 22, 2022 [SR] Item No.13 The appellant was a Daily Rated Bus Driver under the State Transport Department, Andaman and Nicobar Administration.
By an Order dated 17th March, 2021 issued by the Licensing Authority, the licence of the appellant was disqualified on several grounds including detection of alcohol in his breath as well as causing nuisance /danger to the public.
The appellant challenged the Order of the Licensing Authority before the Hon'ble Single Bench on the ground that such Order was passed without affording the appellant an opportunity of hearing.
By an Order of the Hon'ble Single Bench dated 28th April, 2022, the matter was remanded to the Licencing Authority with the direction to comply with the principles of
Natural Justice by affording an opportunity of hearing to the appellant.
The Licensing Authority thereafter heard the appellant in compliance with the Order of the Hon'ble Single Bench dated 28th April, 2022 sitting in Circuit and reiterated the Order of disqualification of the license of the appellant having regard to powers conferred under Section 19(1)(f) of the Motor Vehicles Act, 1988 read with Rule 21 of the Central Motor Vehicles Rules, 1989 (respectively referred to as the 1988 Act and the 1989 Rules).
The appellant again approached the Hon'ble Single Bench sitting in Circuit challenging the second Order of disqualification dated 2nd August, 2022 being Order No.2868. The Hon'ble Single Bench, by the Order impugned in this appeal dated 23rd September, 2022 in WPA/418/2022, inter alia, held that the second Order of disqualification dated 2nd August, 2022 is an appealable Order under the provisions of Section 89(g) of the 1988 Act. The writ petition stood accordingly disposed of with the liberty granted to the appellant/writ petitioner to approach the Appellate Authority.
Mr. Jayapal, Learned Counsel appearing for the appellant, takes the point that the Hon'ble Single Bench erred in relegating the appellant to the Appellate Authority since the provisions of both the 1988 Act and the 1989 Rules do not provide for an appeal from such Order of disqualification. Reference is made to Rules 28, 29 and 45 of
the 1989 Rules to argue that there are no enabling statutory provisions which can allow the appellant to file an appeal. Mr. Tulsi Lall, Learned Counsel appearing for the Administration, submits that a Notification issued by the Andaman and Nicobar Administration provides for an Appellate Authority.
Having heard the parties and considering the materials placed, this Court finds that the alleged offence inviting disqualification of the license of the appellant falls within the mischief of Section 19 of the 1988 Act. This Court also finds that the Hon'ble Single Bench by the Order impugned in this appeal has correctly noticed that Section 89(1)(g) provides for an appeal from any Order which may be prescribed. In the view of this Court, the Order dealing with the mischief committed by the appellant under Section 19 of the 1988 Act, falls within the purview of any Order which may be prescribed by statute within the meaning of Section 89(1)(g) (supra).
In the further view of this Court, such Order is appealable.
The appellant therefore cannot read down the provisions of the statute for his convenience. For the aforesaid reasons, the appeal is without merits. MAT/13/2022 stands accordingly dismissed.
All parties to act on a server copy of this order downloaded from the website of the Hon'ble High Court.
Urgent Xerox certified copy of this order be supplied to the Learned Counsel appearing for the respective parties upon compliance of usual formalities.
( Rabindranath Samanta, J. ) ( Subrata Talukdar, J. )