STATE OF MADRAS Vs. S KRISHNAN

JUDGEMENT

(1.) THE Superintendent of Police, Tanjore, suspended for a period of ten days the driving licence of one Krishnan, a lorry driver, for the alleged offence of overspeeding. For exercising this power, the Superintendent relied upon the delegation mentioned in Rule 134-AA of the rules framed under the Motor Vehicles act read with Section 44 (5) and Section 16 of the Motor Vehicles Act. The Motor vehicles Act under Section 16 conferred this power on the Regional Transport authority. A power of delegation is conferred on the Regional Transport Authority under Section 44 (5) of the Act. Section 44 (5) of the Act contains a qualification that such delegation by the Regional Transport Authority of its powers and functions can be made only if authorised in this behalf by rules framed under section 68. Rule 134-AA is a rule so framed. It was relied upon by the superintendent of Police as the rule making such delegation to him of the power of suspension of a driver's licence.

(2.) THE driver aggrieved against this order appealed to the State Transport appellate Tribunal. The Tribunal was of the view-

(3.) THE State of Madras has filed this writ petition for the issue of a writ of certiorari quashing the order of the State Transport Appellate Tribunal, the second respondent in this writ petition, allowing the appeal of the driver, Krishnan, the first respondent for the reason set out above, namely, the absence of jurisdiction of the Superintendent of Police for disqualifying the driver.