DHANABAL. A (STAFF NO. C25099) Vs. INSPECTOR OF POLICE TRAFFIC INVESTIGATION WING (WEST) COIMBATORE CITY AND OTHERS

JUDGEMENT

(1.) Mr. R. Govindasamy, learned Special Government Pleader takes notice for the respondents 1, 2 and 4. Mr.P.Kannan Kumar, learned counsel takes notice for R3. By consent of the parties, the main writ petition is taken up for final disposal at the admission stage itself.

(2.) Though this writ petition is filed challenging the proceedings of the second respondent dated 02.01.2018 and consequently, seeking for returning the original driving license of the petitioner bearing No. TN-41 2005 0001522, this Court is not inclined to interfere with the impugned proceedings dated 02.01.2018, as it is only a notice, calling upon the petitioner to appear for an enquiry under the Motor Vehicles Act, that too, on 12.01.2018. It is stated by the learned counsel for the petitioner that the petitioner has already appeared for the enquiry. Therefore, it is for the second respondent to pass appropriate orders on merits and in accordance with law, with which, this Court is not expressing any view, as of now. However, insofar as the power to retain the driving license is concerned, the same issue has been considered by this Court on very many occasions and hence, this writ petition is being disposed of, only by going into such issue alone.

(3.) The petitioner is a driver in the respondent Corporation. It is stated that the petitioner's driving licence was seized on 28.12.2017, in pursuant to an accident taken place on 26.12.2017 and followed by the registration of FIR in Crime No.448 of 2017 under Sections 279, 337 and 304(A) of IPC. It is stated that the respondent Corporation has initiated a disciplinary action on the petitioner and kept him under suspension pending enquiry. Therefore, it is contended by the petitioner that the seizure of the license and retaining the same is erroneous merely because the criminal case was registered against the petitioner in respect of an accident. Learned counsel for the petitioner, in support of his contention relied on the decision reported in 2010 Writ L.R. 100 (P. Sethuram v. The Licensing Authority, The Regional Transport Officer, The Regional Transport Office, Dindigul) and a single Judge decision made in W.P.No.16958/2013 dated 01.07.2013 reported in 2013 Writ L.R.843 (S.Duraivelu v. The Regional Transport Officer, West Thambaram, Chennai and 2 others) .