EDWIN WILLIAM CARVELLO Vs. REGIONAL TRANSPORT AUTHORITY THANA

JUDGEMENT

(1.) THE petitioner had appealed to the State Transport Authority against the order cancelling the countersignature on his public carrier permit. The Authority came to the conclusion that the appeal was not competent. The correctness of this view is being challenged before us.

(2.) THE Question turns on the interpretation of Sub-section (3) of Section 63, and Clauses (a), (b) and (d) of Section 64 of the Motor Vehicles Act. Sections 63 and 64 are contained in Chapter IV of the Act. Sub-section (3) of Section 63 provides that "the provisions of this Chapter relating to the grant revocation and suspension of permits shall apply to the grant, revocation and suspension of countersignatures of permits". This sub-section therefore makes the provisions of the whole of Chapter IV, including Section 64, relating to the grant, revocation and suspension of permits applicable to the grant, revocation and suspension of countersignatures of permits. Clauses (a), (b) and (d) of Section 64 are in the following terms:

(3.) WE are accordingly of the opinion that under Sub-section (3) of Section 63 read with Clause (b) of Section 64, an appeal lies against an order cancelling or revoking the counter-signature on a permit.