RAFEEQUE AHAMMED C.P. Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner, who is a driver in the Kerala State Road Transport Corporation has approached this Court in this writ petition filed under Article 226 of the Constitution of India seeking a writ of certiorari to quash Ext.P5 order dated 21.10.2017 of the 2nd respondent whereby the said respondent, invoking the powers conferred under Section 19(1) of the Motor Vehicles Act, 1988 r/w Circular No.21/2008 of the Transport Commissioner disqualified the motor driving license of the petitioner for a period of one year from 30.10.2017 to 29.10.2018, in view of the involvement of the bus driven by the petitioner in a motor accident resulting the death of one Vijaya Mohan, aged 62 years.

(2.) Ext.P5 order passed by the 2nd respondent is appealable under Section 19(3) of the Motor Vehicles Act. The petitioner has filed Ext.P6 memorandum of appeal dated 12.12.2017 before the Appellate Authority, namely, the Deputy Transport Commissioner, Thiruvananthapuram, the additional 5th respondent along with Ext.P7 stay petition.

(3.) Heard the learned counsel for the petitioner, the learned Government Pleader for respondents 1, 2, 3 and 5 and also the learned Standing Counsel for the 4th respondent.