NIRMALA DEVI Vs. REGIONAL TRANSPORT AUTHORITY KANPUR

JUDGEMENT

(1.) A. K. Yog, J. Heard learned coun sels for the petitioner as well as the respon dents and perused the record of the case

(2.) SMT. Nirmala Devi petitioner has approached this Court under Article 226, Constitution of India and seeks to impugn the judgment and order dated 9th January, 1991 (Annexure-4 to the writ petition) by means of which Respondent No. 2/state Transport Appellate Tribunal, U. P. , Lucknow, passed an order of remand directing Chairman, Regional Transport Authority, Kanpur (Respondent No. 1) to decide the matter afresh.

(3.) THE State Transport Appellate Tribunal, narrated facts of the case, noted its long and chequered history (Para 12 of the order); referred to huge bulk of the case; observed that it attempted to ransack the relevant record; referred to Section 59 (1) and Section 61 (2) of the Motor Vehicles Act (Old) and observed, 'if I go by the words that precede the order im pugned, they speak of Section 61 (2) of the old Act, which could not have been deployed by the R. T. A. ' In Para 16 of the order it is observed that 'in fact, the matter was not taken up in its correct perspective by the R. T. A. and it had allowed itself to be swaved by so many factors which I can say as irrelevant and in germane to the con troversy in issue before it' (R. T. A. ).