LAWS(MAD)-2011-9-450

V RAJENDRAN Vs. REGIONAL TRANSPORT OFFICER, THANJAVUR

Decided On September 09, 2011
V RAJENDRAN Appellant
V/S
Regional Transport Officer, Thanjavur Respondents

JUDGEMENT

(1.) Mandamus has been sought for directing the Regional Transport Officer, Thanjavur, to return the Petitioner's driving licence immediately.

(2.) It is the case of the Petitioner that on 30.05.2011, when he was on duty in a Transport Corporation Bus, an untoward accident occurred within Thanjavur Traffic Investigation Wing Police Limit, in which, a person injured had succumbed to death. An F.I.R. was registered against the Petitioner under Section 304(A) of the Indian Penal Code on the file of the Thanjavur Traffic Investigation Wing Police Station. The Petitioner was released on bail and in the meantime, he was placed under suspension on 31.06.2011. The suspension was revoked on 25.07.2011 and that he was permitted to join duty vide order of the General Manager, dated 25.07.2011. When the Petitioner was taken to the police station, his licence was seized by the Respondent. Hence, he has filed the present Writ Petition.

(3.) It is the further case of the Petitioner that he is due to retire on 15.09.2011. The Petitioner has questioned the authority of the Regional Transport Officer, to withhold the driving licence, on the ground inter alia that the Regional Transport Officer, Thanjavur has no jurisdiction, till a finding is recorded by the Court of competent jurisdiction/Tribunal, on the aspect of rash and negligent driving.