C.KANAGARAJ Vs. LICENSING AUTHORITY, PUTHUR MAIN ROAD

JUDGEMENT

(1.) This Writ Petition is filed by the petitioner for a direction to the respondent to return forthwith his original driving license bearing No.TN 37 19870001785, without any condition and without any endorsement and within a specified time as may be fixed by this Court.

(2.) By consent of the learned counsel appearing for the petitioner as well as the learned Government Advocate, who takes notice for the respondent, the Writ Petition is taken up for final disposal at the admission stage itself.

(3.) The petitioner is working as a Driver in the Tamil Nadu State Transport Corporation (Coimbatore) Ltd. On 4/2/2022, while he was driving the Bus from Ukkadam and Sulur Athappagoundenpudur, at about 7.30 a.m., a two wheeler rider who was having his two children on the front petrol tank, along with a pillion rider, drove the vehicle in a rash and negligent manner and in an attempt to overtake the Bus driven by the petitioner, lost his control and fell down near the left back wheel of the Bus. Due to the head injury, the rider and pillion rider of the two wheeler died on the spot. An FIR in Cr.No.45/2022 dtd. 4/2/2022 was registered against the petitioner under Ss. 279, 337 and 304A of IPC. Based on the said FIR, the Inspector of Police, forcibly seized the petitioner's original driving license without any notice and without any order and handed over to the respondent. The respondent issued a show cause notice dtd. 11/2/2022 and the petitioner submitted his explanation on 4/3/2022. Whenever the petitioner approached the respondent office, they informed that license will not be returned for six months. As per Sec. 19 (1)(A) of the Act, license can be suspended only for a period of three months. The learned counsel appearing for the petitioner submitted that, without passing any order under Sec. 19(1) of the Act, either disqualifying or suspending or revoking the driving license of the petitioner, withholding the original driving license from 4/2/2022 is illegal, arbitrary and it is violation of Articles 14 and 21 of the Constitution of India. The learned counsel further submitted that criminal case against the petitioner is pending investigation in the FIR stage. The petitioner is not convicted by the competent Criminal Court for the offences mentioned in the FIR. Merely based on registration of FIR, the authorities have no power to withhold the driving license.