SHESHNATH Vs. REGIONAL TRANSPORT AUTHORITY GORAKHPUR

JUDGEMENT

(1.) THE petitioner was appointed as a bus conductor in the Uttar Pradesh Government Roadways. In respect of certain incidents that happened on 31-3 1963 the petitioner was charge-sheeted. He was asked to explain them and ultimately the that ter was reported to the Regional Transport Authority The matter was taken up by the Authority on 6-8-1966 in the presence of the petitioner. Ultimately, the Authority resolved to disqualify the petitioner from holding of obtaining a conductor's licence in Uttar Pradesh for a period of six months from the date of enforcement of this order in his licence It was further resolved that the General Manager, U. P. Government Roadways, be requested to take strict disciplinary proceedings against the petitioner. This order was passed under Section 21-F of the Motor Vehicles Act, Sub-section (4) of Section 21-F runs as follows:--

(2.) CLAUSE (21) of S 2 of the Motor Vehicles Act defines 'Prescribed' (So mean prescribed by rules made under this Act. Under Section 21-J of the Motor Vehicles Act the State Government has to make rules for the purpose of carrying into effect the provisions of this Chapter, i.e., to say the State Government has to make a rule for appointing a Prescribed Authority mentioned in Section 21-F. This is specifically provided by Clause (g) of Sub-section (2) of Section 21-J. Under this clause the rules have to provide for the conduct of the hearing of the appeal, that may be preferred under this chapter. It is thus clear that the State Government is under a statutory duty to make rules for prescribing the Prescribed Authority and for the conduct and hearing of the appeal If is apparent that no rules have yet been framed prescribing the Prescribed Authority The petitioner was inflicted a punishment by the Regional Transport Authority against which he had a right of appeal under the statute. The State Government cannot, by omitting to frame the relevant rules, deprive an individual of his statutory right of appeal.