Madras High Court
Mariadurai vs The Regional Transport Officer on 12 January, 2023
Author: P.D.Audikesavalu
Bench: P.D.Audikesavalu
W.P. (MD) No. 821 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 12.01.2023
CO RAM
THE HONOURABLE MR.JUSTICE P.D.AUDIKESAVALU
W.P. (MD) No. 821 of 2023
and
W.M.P. (MD) Nos. 800 and 805 of 2023
Mariadurai ... Petitioner
Vs.
1.The Regional Transport Officer
and Licensing Authority,
Office of the Regional Transport Officer,
Transport Department,
Thanjavur Zone,
Thanjavur-629 67.
2.The Inspector of Police,
Traffic Investigation Wing Police Station,
Thanjavur, Thanjavur District.
(In Crime No.138 of 2022) ...Respondents
Prayer: Writ Petition filed under Article 226 of the constitution of India, to
issue a writ of Certiorarified Mandamus, calling for the records pertaining to
the impugned order passed by the first respondent in his proceedings in Show
Cause No.TN 49/2022/668, dated 29.12.2022 and quash the same as illegal
and consequently directing the respondents to forthwith return the Petitioner's
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https://www.mhc.tn.gov.in/judis
W.P. (MD) No. 821 of 2023
original driving license bearing DL No.TN-49 1992 0002213 to him within a
time limit that may be fixed by the Court.
For Petitioner : Mr.A.Rahul
For R1 : Mr.M.Senthil Ayyanar
Government Advocate
For R2 : Ms.M.Aasha
Government Advocate (Crl.Side)
ORDER
Heard Mr.A.Rahul, Learned Counsel for the Petitioner, Mr.M.Senthil Ayyanar, Learned Government Advocate for the First Respondent and Ms.M.Aasha, Learned Government Advocate (Criminal Side) for the Second Respondent and perused the materials placed on record, apart from the pleadings of the Petitioner.
2. The Petitioner is a driver in the Tamil Nadu State Transport Corporation (Kumbakonam) Limited, and while on duty, the bus bearing Registration No. TN-68-N-0466 driven by him had on 05.12.2022 met with an accident. The Police Officer, who is investigating that accident, had on 09.12.2022 collected the driving licence of the Petitioner and forwarded it to 2/10 https://www.mhc.tn.gov.in/judis W.P. (MD) No. 821 of 2023 the First Respondent, who is the Licensing Authority. Thereafter, the Respondent issued a show cause notice dated 14.12.2022 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 India (F.No.05/2014/CoRS-Part-III dated 18.08.2015), and by proceedings in Show Cause No. File No. 55632/B1/2022 dated 14.12.2022 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 06.12.2022 to 03.06.2023 (5 months and 28 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 dated 19.12.2022 in response to the show cause notice dated 14.12.2022, which has been received by the Respondent on 24.12.2022 for which postal acknowledgment card has been produced, but it has been erroneously observed as if the Petitioner has not submitted any explanations till 29.12.2022 when the impugned order was passed. That apart, it is contended 3/10 https://www.mhc.tn.gov.in/judis W.P. (MD) No. 821 of 2023 that no 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:-
"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:
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https://www.mhc.tn.gov.in/judis W.P. (MD) No. 821 of 2023 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 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:
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https://www.mhc.tn.gov.in/judis W.P. (MD) No. 821 of 2023 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. The explanation dated 19.12.2022 submitted by the Petitioner has not been considered and there is nothing in the impugned order reflecting that any opportunity of personal hearing has been afforded to the Petitioner and no reasons have been explained by the Respondent for having 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 6/10 https://www.mhc.tn.gov.in/judis W.P. (MD) No. 821 of 2023 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 06.12.2022 to 03.06.2023 (5 months and 28 days), is bad in law. On a conspectus analysis of clause (4) of Section 206 of the Act, which mandates that after seizure of licence by the Police Officer, its holder shall not be authorized to drive until it had been returned to him, and clause (1-A)
(a) of Section 19 of the Act, which envisages disqualifying a person from holding a licence to drive vehicles for a first offence for a period of three months, it would obviously follow that in the event of the Licensing Authority arriving at the conclusion that penalty of suspension of licence has to be imposed for the first offence, it cannot be for a period beyond three months from the actual date 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. TN49/2022/668 dated 7/10 https://www.mhc.tn.gov.in/judis W.P. (MD) No. 821 of 2023 29.12.2022 passed by the First Respondent is set aside and remitted to the First Respondent for fresh consideration of the matter;
(ii) the First Respondent shall immediately consider the explanation dated 19.12.2022 submitted by the Petitioner for the show cause notice dated 14.12.2022 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 First 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;
(vi) in the event that the First 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 8/10 https://www.mhc.tn.gov.in/judis W.P. (MD) No. 821 of 2023 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 First Respondent shall file report of such compliance by 28.02.2023 before the Registrar (Judicial) of the Court;
(viii) consequently, the connected Miscellaneous Petitions are closed; and
(ix) there shall be no order as to costs.
12.01.2023 Index : Yes/No Internet : Yes/No NCC : Yes/No ta Note : Issue order copy by 20.01.2023.
P.D.AUDIKESAVALU,J.
ta To
1.The Regional Transport Officer and Licensing Authority, Office of the Regional Transport Officer, Transport Department, Thanjavur Zone, Thanjavur-629 67.
2.The Inspector of Police, 9/10 https://www.mhc.tn.gov.in/judis W.P. (MD) No. 821 of 2023 Traffic Investigation Wing Police Station, Thanjavur, Thanjavur District.
(In Crime No.138 of 2022) W.P. (MD) No. 821 of 2023 12.01.2023 10/10 https://www.mhc.tn.gov.in/judis