STATE TRANSPORT AUTHORITY, DEHRADUN Vs. YADESH VERMA

JUDGEMENT

(1.) This writ petition has been filed by State Transport Authority, Dehradun challenging the judgment and order dated 04.08.2018 passed by State Transport Appellate Tribunal, Dehradun, Uttarakhand in Revision No. 1 of 2014 (Sri Yadesh Verma v. State Transport Authority, Dehradun).

(2.) Admittedly, State Transport Authority discharges quasi judicial function, as held by Hon'ble Supreme Court in the case of Kan Singh v. State Transport Appellate Tribunal reported in 1987 Supp SCC 671 and R.M. Subbaraj v. Kodaikanal Motor Union (P) Ltd. reported in (1973) 3 SCC 871. Para 9 of the judgment rendered by Hon'ble Supreme Court in the case of R.M. Subbaraj (supra), is extracted below:- "9. This Court has in several decisions held that the Regional Transport Authority discharges quasi judicial function in dealing with application for permits and evaluating the rival claims of the parties for the grant of permit. Section 43A of the Motor Vehicles Act, 1939 as inserted by the Madras Amending Act 20 of 1948 confers power on the State Government to issue orders and directions to the State Transport Authority only in relation to administrative functions. It is also held by this Court that the decision of the Regional Transport Authority "must be absolutely unfettered by any extraneous guidance by the executive or administrative wing of the State"."

(3.) It is settled position in law that a judicial authority or quasi judicial authority has no personal interest in the confirmation or reversal of its order passed in its judicial or quasi judicial capacity and, as such, it is not competent for that authority to maintain a writ under Article 226/227 of the Constitution of India or file an appeal against such order simply because the order by that authority has been reversed by the superior authority, as held by Division Bench of Allahabad High Court in the case of The Regional Transport Authority v. Sri Ram reported in AIR 1974 Allahabad 140.