H L JAKATI Vs. R T O DHARWAR

JUDGEMENT

(1.) The question raised in this writ petition relates to the jurisdiction of the R.T.O., Dharwar to, suspend the driving licence of the petitioner. The petitioner is a driver in the Karnataka State Road Transport Corporation at Hubli Division. The vehicle which he was driving met with an accident and the Police have registered a case under Crime No- 16179 for an offence of rash and negligent driving and the case is still pending before the Criminal Court. In the meantime, the R.T.O. Dharwar (respondent) suspended the driving licence of the petitioner till the criminal case is disposed of. The order made by the respondent reads:

(2.) The petitioner challenges the validity of that order. The question herein is whether the respondent was competent to suspend the driving licence of the petitioner.

(3.) Under Rule 4 of the Karnataka Motor Vehicles Rules, 1963, the RTO has been constituted as the licensing authority for the issue of Driving Licence. But, the rules confer no power on the licensing authority to disqualify any person for holding or obtaining a driving licence. That power has been expressly preserved to the Regional Transport Authority. S. 16 of the Motor Vehicles Act provides: