ABDUL AZEEZ N E Vs. REGIONAL TRANSPORT AUTHORITY

JUDGEMENT

(1.) The appellant is a stage carriage operator, operating the vehicle bearing registration No. KL-7/BF-6074 on the route Aluva- Fort Kochi. The driver of the vehicle was one Mr. Biju K. Thomas. The said vehicle knocked down two lady teachers, who were riding a two wheeler. One of the teachers succumbed to the injuries suffered in the accident. Normally, when a person is killed in an accident, crime under Section 304A of the Indian Penal Code (in short 'I.P.C.') is registered. But, in this case, the appellant's driver was accused of the offence under Section 304 of the I.P.C., that is, culpable homicide not amounting to murder. The driver was arrested and remanded to judicial custody. Later, he was released on bail by the Sessions Court, as per Ext.P4 order dated 8.8.2007. The accident took place on 27.7.2007. The learned Sessions Judge granted bail subject to conditions. One of the conditions was that he shall not drive a stage carriage. But, the appellant engaged the said driver to ply his aforementioned vehicle and the police arrested him on 5.9.2007, for the offence punishable under Section 279 of the I.P.C. It appears, the driver has pleaded guilty to the charges. Based on the second incident, the appellant was served with Ext. P3 show cause notice proposing to cancel his permit, invoking the power of the Regional Transport Authority under Section 86(1) of the Motor Vehicles Act. The appellant submitted Ext.P5 reply. After considering the reply, the R.T.A. by Ext. P6 decision dated 30.9.2008, cancelled his permit. The appellant moved the State Transport Appellate Tribunal by filing M.V.A.A.No.603/2008, challenging Ext. P6. The appeal was dismissed by theTribunal by Ext. P7 order. Challenging Exts.P6 and P7, the Writ Petition was filed. The learned Single Judge declined to interfere with those orders and dismissed the Writ Petition. Hence, this appeal.

(2.) The learned Counsel for the appellant submitted that the appellant was unaware of the condition imposed by the learned Sessions Judge, while granting bail to his driver that he should not drive any stage carriage. There was no such endorsement in the licence of his driver. Even now, there is no endorsement, it is submitted.

(3.) Rule 153 of the Kerala Motor Vehicles Rules lays down that it shall be a condition of the permit of every transport vehicle, that the holder thereof: