M PALANIMUTHU Vs. REGIONAL TRANSPORT OFFICER

JUDGEMENT

(1.) The petitioner was a driver under the Tamil Nadu State Transport Corporation. On 01.06.2008, when he was driving the bus between Thirupparankundram and Mahatma Gandhi Nagar, the bus met with an accident near Gorippalayam. Due to the accident, the rider of the two wheeler succumbed to the injuries and subsequently died. Therefore, a case under Section 304-A of IPC was registered against the petitioner and investigation was conducted by the Traffic Investigation Branch II, Tallakulam. The petitioner had applied for bail, but, however, in view of the criminal investigation, his driving licence was seized by the Traffic Police.

(2.) Aggrieved by the seizure of the Traffic Police, the petitioner filed W.P.(MD) No. 5099 of 2008, seeking for return of the driving license. This Court disposed of the Writ petition by an order dated 20.06.2008. While disposing the Writ petition, this Court held that under Section 19(1) of the Motor Vehicle Act, the licensing authority has got power to suspend the licence after conducting an enquiry. Accordingly, the licence was returned to the petitioner.

(3.) However, a show-cause notice dated 02.07.2008 was issued to the petitioner, as to why his driving licence should not be suspended. In the very show-cause notice it was alleged that the petitioner while driving the bus had caused the accident and the death of the rider of the two wheeler was also mentioned. The report of the Inspector of Police, Madurai (North) was also referred to. The petitioner gave his reply dated 04.07.2008 stating that he was not responsible for the accident and the criminal case is not over. Notwithstanding his request for copies of the report, the impugned order came to be passed.