SAJI K.M. Vs. DEPUTY TRANSPORT COMMISSIONER

JUDGEMENT

(1.) The petitioner, who is a driver of Kerala State Road Transport Corporation (for brevity, 'KSRTC'), has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of certiorari to quash Ext.P5 order dated 12.12.2018 of the 3rd respondent Joint Regional Transport Officer, Chalakudy, who is the Additional Licensing Authority, whereby his driving licence bearing No.8/5969/1996 stands suspended and he is disqualified from holding that driving licence for a period of three months from 12.12.2018 to 11.03.2019, under sub- section (1) of Section 19 of the Motor Vehicles Act, 1988 (for brevity, 'the MV Act') read with Rule 21 of the Central Motor Vehicles Rules, 1989 (for brevity, 'the CMV Rules'). The petitioner has also challenged Ext.P8 order dated 25.01.2019 of the 1st respondent Deputy Transport Commissioner, Thrissur, who is the Appellate Authority, whereby Ext.P6 appeal filed by the petitioner under sub-section (3) of Section 19 of the MV Act, against Ext.P5 order, stands rejected. The further relief sought for is a writ of mandamus commanding the 3rd respondent to revoke the suspension of the petitioner's driving license and release the same without any endorsement or remarks.

(2.) On 11.03.2019, when this writ petition came up for admission, the learned Government Pleader sought time to get instructions.

(3.) On 18.3.2019, when this writ petition came up for consideration, after perusing Ext.P9 photograph this Court suo motu impleaded KSRTC, represented by its Managing Director as additional 4th respondent. The learned counsel for the petitioner was directed to serve a copy of this writ petition to Sri.P.C.Chacko, the learned Standing Counsel for KSRTC.