LAWS(KAR)-1987-10-23

B M NAGARAJU Vs. REGIONAL TRANSPORT AUTHORITY BANGALORE

Decided On October 16, 1987
B.M.NAGARAJU Appellant
V/S
REGIONAL TRANSPORT AUTHORITY, BANGALORE Respondents

JUDGEMENT

(1.) The Commissioner of Transport has been wrongly made a party to the Writ Petition, whereas the Karnataka State Transport Authority ought to have been impleaded as the second respondent. The petitioner is permitted to correct the Cause title and implead the Karnataka State Transport Authority as second respondent by deleting the Commissioner.

(2.) in this petition, under Articles 226 and 227 of the Constitution, the petitioner has sought for quashing the resolution dated 27-1-1987 passed by the first respondent in Subject No.155/86- 87 as per Annexure 'C' and the resolution of the Appellate Authority, dated 13-7- 1987 passed by the second respondent in Appeal No. STA. 1 /PR 135/87-88 vide Annexure-D.

(3.) By the first resolution, the original authority suspended the driving licence of the petitioner for a period of 3 years on the ground that the licencee- petitioner drove the vehicle in a rash and negligent manner resulting in the death of a cyclist. Being aggrieved by the aforesaid decision of the first respondent, the petitioner preferred an appeal before the 2nd respondent. The second respondent, by the impugned resolution, dated 13-7-1987, has dismissed the appeal The resolution of the second respondent reads thus :