RAJINDER SINGH Vs. GOVT OF DELHI

JUDGEMENT

(1.) THIS writ petition has challenged the policy dated 3.6.2009 of the respondent i.e. State Transport Authority (STA). By way of this petition, it has been prayed that this policy in so far as it relates to the cancellation of permits of vehicles who have met a single fatal accident be declared ultra-vires and illegal. Directions have also been sought for quashing of the show cause notice dated 25.5.2010 which had been issued under Section 86 of the Motor Vehicle Act (hereinafter referred to as the M.V.Act) by the Joint Commissioner of the State Transport Authority.

(2.) CASE of the petitioner is that he is a permit holder bearing permit no.EX/0064/STAGE plying his bus on Route No.918 from Ambedkar Stadium to Nangloi J.J.Colony. He had been granted this permit on 7.12.2006 under the category of an ex-serviceman scheme which was to be renewed for five years. Clause 25 of the permit condition provides that the STA may vary the condition of the permit; under Clause 32 it is stated that if the transport vehicle is involved in two fatal accidents, the permit is liable to be cancelled. On 18.1.2008 in terms of directions of the High Court passed in W.P. (Crl.) 878/2007 titled as Court on its own motion v. State a resolution was passed by the respondent that no permit will be given to transport vehicles involved in double fatal accidents; further the owner would be asked to take a NOC to operate the vehicle outside Delhi. Vide a subsequent resolution dated 3.6.2009 the STA took a decision that the buses involved even in a single fatal accident will be considered only for grant of a contract carriage permit. This policy is illegal and arbitrary and is liable to be quashed.

(3.) ADMITTEDLY , in this case, after the issuance of the show cause notice dated 25.5.2010 the petitioner has not appeared before the statutory body i.e. before the STA; no reply has been filed by the petitioner to this show cause notice; instead the present writ petition has been filed.