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Sheshnath Vs. Regional Transport Authority, Gorakhpur and ors. - Court Judgment

LegalCrystal Citation
SubjectMotor Vehicles
CourtAllahabad High Court
Decided On
Case NumberCivil Misc. Writ No. 4198 of 1966
Judge
Reported inAIR1968All355
ActsMotor Vehicles Act, 1939 - Sections 2(21), 21F and 21J
AppellantSheshnath
RespondentRegional Transport Authority, Gorakhpur and ors.
Appellant AdvocateSripat Sahai Srivastava, Adv.
Respondent AdvocateStanding Counsel
DispositionPetition allowed
Excerpt:
civil - statutory duty of the government - sub-section (21) of section 2 of motor vehicles act, 1939 - state government has to make rules for appointing 'prescribed authority' - rules also provided for the conduct of the hearing of an appeal - in case of omission to frame the rules the petitioner could not be deprived of his right of appeal. - .....disciplinary proceedings against the petitioner. this order was passed under section 21-f of the motor vehicles act, sub-section (4) of section 21-f runs as follows:--'any person aggrieved by an order made under sub-section (1) may, within thirty days of the service on him of the order, appeal to the prescribed authority which shall decide the appeal after giving such person and the authority making the order an opportunity of being heard and the decision of the appellate authority shall be binding on the authority making the order. the petitioner has stated that he rushed from pillar to post to find out as to who the prescribed authority was to hear the petitioner's appeal against the order passed on 6th august 1966. he approached the state transport authority, but that authority.....
Judgment:

Satish Chandra, J.

1. The petitioner was appointed as a bus conductor in the Uttar Pradesh Government Roadways. In respect of certain incidents that happened on 31-3 1963 the petitioner was charge-sheeted. He was asked to explain them and ultimately the that ter was reported to the Regional Transport Authority The matter was taken up by the Authority on 6-8-1966 in the presence of the petitioner. Ultimately, the Authority resolved to disqualify the petitioner from holding of obtaining a conductor's licence in Uttar Pradesh for a period of six months from the date of enforcement of this order in his licence It was further resolved that the General Manager, U. P. Government Roadways, be requested to take strict disciplinary proceedings against the petitioner. This order was passed under Section 21-F of the Motor Vehicles Act, Sub-section (4) of Section 21-F runs as follows:--

'Any person aggrieved by an order made under Sub-section (1) may, within thirty days of the service on him of the order, appeal to the Prescribed Authority which shall decide the appeal after giving such person and the authority making the order an opportunity of being heard and the decision of the appellate authority shall be binding on the authority making the order.

The petitioner has stated that he rushed from pillar to post to find out as to who the Prescribed Authority was to hear the petitioner's appeal against the order passed on 6th August 1966. He approached the State Transport Authority, but that authority refused to entertain the petitioner's appeal. The Regional Transport Commissioner also refused to entertain it. The main relief in the present writ petition is to command the State Government to appoint the Prescribed Authority which may entertain the petitioner's appeal. In the counter-affidavit it has been stated that no appellate authority has been prescribed for hearing appeals against the orders passed under Section 21-F of the Motor Vehicles Act (vide paragraph 19).

2. Clause (21) of S 2 of the Motor Vehicles Act defines 'Prescribed' (So mean prescribed by rules made under this Act. Under Section 21-J of the Motor Vehicles Act the State Government has to make rules for the purpose of carrying into effect the provisions of this Chapter, i.e., to say the State Government has to make a rule for appointing a Prescribed Authority mentioned in Section 21-F. This is specifically provided by Clause (g) of Sub-section (2) of Section 21-J. Under this clause the rules have to provide for the conduct of the hearing of the appeal, that may be preferred under this chapter. It is thus clear that the State Government is under a statutory duty to make rules for prescribing the Prescribed Authority and for the conduct and hearing of the appeal If is apparent that no rules have yet been framed prescribing the Prescribed Authority The petitioner was inflicted a punishment by the Regional Transport Authority against which he had a right of appeal under the statute. The State Government cannot, by omitting to frame the relevant rules, deprive an individual of his statutory right of appeal.

3. The petition, therefore, succeeds and is allowed. The State Government is directed to make the relevant rules prescribing the Prescribed Authority under Section 21-F of the Motor Vehicles Act and for the conduct and hearing of the appeals undei that provision forthwith. The petitioner will be entitled to his costs.


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