SANTU THOMAS Vs. JOINT REGIONAL TRANSPORT OFFICER

JUDGEMENT

(1.) The petitioner, who is the holder of a driving licence bearing No.40/2480/2005, is before this Court in this writ petition filed under Article 226 of the Constitution of India, seeking a writ of certiorari to quash Ext.P3 proceedings of the respondent dated 27.10.2017, issued in exercise of the powers under Section 19 of the Motor Vehicles Act, 1988, (for brevity, 'the Act').

(2.) On 25.10.2017, the petitioner was issued with Ext.P1 notice to show cause why proceedings shall not be initiated against him under Section 19 of the Act disqualifying him from holding the driving licence or to revoke the driving licence. The said notice was issued in connection with Crime No.2386/2017 of Vaikom Police Station, registered in connection with a motor accident occurred on 11.10.2017, alleging offences punishable under Sections 279, 337 and 304A of the Indian Penal Code, 1860 involving a goods carriage driven by the petitioner, resulting in the death of a pillion rider in a motorcycle.

(3.) On receipt of Ext.P1 notice, the petitioner submitted Ext.P2 reply. On 27.10.2017, the petitioner was heard by the respondent and thereafter, he has been issued with Ext.P3 proceedings dated 27.10.2017 on a printed/cyclostyled proforma with some insertions here or there and by filling the blanks, whereby he is disqualified under sub-section (1) of Section 19 of the Act from holding driving licence bearing No.40/2480/2005 for a period of one year, from 27.10.2017 to 26.10.2018. In Ext.P3 proceedings, the respondent has also referred to Ext.P4 Circular No.21/2008 issued by the Transport Commissioner.