Madras High Court
K. Babu vs The Transport Commissioner on 26 February, 2020
Author: P.D. Audikesavalu
Bench: P.D. Audikesavalu
W.P. No. 1344 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 26.02.2020
CORAM
THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU
W.P. No. 1344 of 2020
K. Babu ... Petitioner
-vs-
1. The Transport Commissioner,
Chepauk,
Chennai - 600 005.
2. The Assistant License Issuing Authority,
Cheyyar,
Tiruvannamalai District.
3. The Regional Transport Officer,
Integrated Collectorate Campus,
Krishnagiri - 635 014.
4. The Inspector of Police,
Bargur Police Station,
Krishnagiri Main Road,
Krishnagiri - 635 001.
5. The Branch Manager,
Tamil Nadu State Transport Corporation Limited,
Villupuram Depot,
Villupuram. ... Respondents
Prayer:- Writ Petition filed under Article 226 of the Constitution of India praying
to issue a Writ of Mandamus, directing the First to Fourth Respondents to return
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W.P. No. 1344 of 2020
the Petitioner's driving license in D.L. No. TN 25 2000 0000064 and enable him to
join and continue his service in the Fifth Respondent Transport Corporation
Limited.
For Petitioner : Mr. A. Rajesh Kanna
For Respondents : Mr. J. Purushothaman,
Additional Government Pleader
(for R1 to R4)
Mr. D. Raghu (for R5)
ORDER
Heard Mr. A. Rajesh Kanna, Learned Counsel for the Petitioner, Mr. J. Purushothaman, Learned Additional Government Pleader appearing for the First to Fourth Respondents and Mr. D. Raghu, Learned Counsel appearing for the Fifth 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 and while on duty, the bus bearing registration no. TN 25 N 0651 driven by him had met with an accident on 28.12.2019. The Police Officer investigating the accident had seized the driving licence of the Petitioner and forwarded the same to the Licensing Authority, and despite representation 2/9 http://www.judis.nic.in W.P. No. 1344 of 2020 made by him, it had not been returned to him. In that backdrop, relying on the decision of the Division Bench of this Court in P. Sethuram -vs- Licensing Authority, Regional Transport Officer, Dindigul (2010 WLR 100) holding that the provisions of the Motor Vehicles Act, 1988, (hereinafter referred to as 'the Act' for short) do not empower the Licensing Authority to suspend or revoke a driving licence for a first offence, the Petitioner has filed this Writ Petition for a direction to the Licensing Authority to return his driving licence.
3. Learned Additional Government Pleader appearing for the First to Fourth Respondents submits 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, which 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 3/9 http://www.judis.nic.in W.P. No. 1344 of 2020 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 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 4/9 http://www.judis.nic.in W.P. No. 1344 of 2020 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 submitted that in view of the same, the lacunae highlighted by the Division Bench of this Court no longer exists, and the impugned action of seizing the driving licence of the driver of the vehicle involved in an accident by the Police Officer and forwarding it to the Licensing Authority, now has statutory backing and as such, that decision of the Division Bench of this Court would not have any applicability in cases where the accident has occurred after the amendments to the Act have come into force, as in the present one. It is also brought to notice that pursuant to the recommendations made by the Committee on Road Safety appointed by the Hon'ble Supreme Court of India, show cause notice has been issued to the 5/9 http://www.judis.nic.in W.P. No. 1344 of 2020 Petitioner for suspending his licence and and after receipt of the explanation from the Petitioner, the Licensing Authority would pass appropriate orders in the matter under Section 19(1-A) of the Act.
4. In response to the aforesaid submissions made, Learned Counsel for the Petitioner highlights that clause (1-A) of Section 19 of the Act, empowers the Licensing Authority to disqualify a person from holding a driving licence for a first offence for a period of three months and that the Petitioner, whose licence has been seized for a first offence, has been disabled since then to drive any vehicle and the aforesaid period of three months would also lapse shortly, and in such circumstances, the Licensing Authority cannot retain the driving licence to the Petitioner beyond that period. It is further pleaded that on account of seizure of the driving licence, the Petitioner is out of employment and any further delay in returning his driving licence causes hardship for his livelihood and as such, expeditious decision would have to be taken by the Licensing Authority in the matter.
5. Having regard to the aforesaid submissions made, this Court without expressing any view on the correctness or entitlement of the claim made on 6/9 http://www.judis.nic.in W.P. No. 1344 of 2020 behalf of the Petitioner, leaves it open to the Petitioner to place his contentions in his explanation to the show cause notice issued by the Licensing Authority for suspension of his licence. If the explanation has already been filed without such contentions raised, the Petitioner is permitted to file additional explanation in that regard. After affording full opportunity of personal hearing to the Petitioner, the Licensing Authority shall consider each of the contentions raised and pass reasoned orders on merits in accordance with law, and shall communicate the decision taken to the Petitioner under written acknowledgment, and a report of such compliance shall be filed before the Registrar (Judicial) of this Court by 31.03.2020.
6. The Writ Petition is disposed on the aforesaid terms. No costs.
26.02.2020
vjt
Index : Yes/No
Note: Issue order copy by 06.03.2020.
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W.P. No. 1344 of 2020
To
1. The Transport Commissioner,
Chepauk,
Chennai - 600 005.
2. The Assistant License Issuing Authority, Cheyyar, Tiruvannamalai District.
3. The Regional Transport Officer, Integrated Collectorate Campus, Krishnagiri - 635 014.
4. The Inspector of Police, Bargur Police Station, Krishnagiri Main Road, Krishnagiri - 635 001.
5. The Branch Manager, Tamil Nadu State Transport Corporation Limited, Villupuram Depot, Villupuram.
Copy to The Registrar (Judicial), Madras High Court, Chennai - 600 104.
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