C.SENTHIL KUMAR Vs. REGIONAL TRANSPORT OFFICER, TRICHY

JUDGEMENT

(1.) This writ appeal is preferred as against the order of the learned single Judge dismissing the writ petition filed by the appellant in W.P(MD) No. 4419 of 2022 by order, dtd. 14/3/2022.

(2.) The appellant/writ petitioner is a Driver in the Tamil Nadu State Transport Corporation (Kumbakonam) Limited and when he was allotted duty on 25/1/2022 to drive the bus bearing Registration No. TN 68 N 1023, which is running from Kumbakonam to Coimbatore via Trichy and Karur, there was an unexpected accident and in which, a rider of the two-wheeler fell down and the bus driven by the appellant ran over him. Thereafter, an F.I.R was registered on the file of Thirvarambur Police Station in Crime No. 33 of 2022 for the offence under Ss. 279 and 304(A) of I.P.C., alleging that the above accident was caused due to the rash and negligent manner in which the appellant drove the bus.

(3.) The specific case of the appellant is that the third respondent police seized his driving licence and handed over the same to the Motor Vehicles Inspector, who in turn, gave it to the first respondent. It is also the specific case of the appellant that the first respondent declined to return his driving licence when he approached the first respondent and requested to return the driving licence. Thereafter, a show-cause notice, dtd. 29/1/2022, was issued to the appellant asking him to give his explanation as to why his driving licence should not be suspended under Sec. 19(1)(d)(f) of the Motor Vehicles Act, 1988(hereinafter referred to as 'the Act'). Thereafter, the appellant appeared before the first respondent on 3/2/2022 and submitted his explanation, dtd. 3/2/2022. However, the first respondent passed the impugned order suspending the appellant's driving licence under Sec. 19(1)(d) and (f) of the Act for a period of six months i.e., from 27/1/2022 to 26/7/2022.