JOJI EDATTEL Vs. REGIONAL TRANSPORT OFFICER

JUDGEMENT

(1.) THE petitioner is a stage carriage operator having a permit. On allegations of violation of the provisions of the Motor Vehicles Act, several check reports have been registered against the petitioner as evidenced by Ext.P1. In Ext.P1, the petitioner has been directed to pay compounding fee in respect of those check reports. in respect of the same, although the petitioner approached the 3rd respondent, the same resulted in Ext.P2 rejecting the petitioner's contentions. Although the petitioner filed Ext.P3 appeal, the Transport Commissioner rejected the same by Ext.P4 order holding that there is no provision for appeal. It is under the above circumstances, the petitioner has filed this writ petition seeking the following reliefs:

(2.) A counter affidavit has been filed by the 1st respondent supporting the impugned orders.

(3.) IN view of my above finding, the respondents have to decide the question of liability of the petitioner in respect of the check reports by conducting an adjudicatory process. It is admitted that there is no appeal provided against check reports. In such circumstances, it is all the more necessary to give the petitioner adequate opportunity to prove his innocence by adducing evidence before the authority competent to pass orders on the check reports and the authority shall also give the petitioner an opportunity to cross examine the officers, who have prepared the check reports, if the petitioner has got a case that the check reports have been registered without any reasonable cause. In the above circumstances, Exts.P1 and P2 are quashed and this writ petition is disposed of with a direction to the respondents to see that the petitioner is not compelled to compound the offences alleged in the check reports and to finalise the proceedings pursuant to the check reports only after giving sufficient opportunity to the petitioner to prove his innocence either by producing evidence in support of his contention or by cross examining the persons, who have prepared the check reports. The above proceedings shall be completed by the authority, who is competent to pass final orders on the check reports.