ISMAILALKH IBRAHIMKHA PATHAN Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. Heard finally with consent of the Parties. Heard ShriS.Z. Sonbhadre, learned Counsel for the petitioner and Shri A.S. Fulzele, learned A.P.P. for respondent. Petitioner by this petition, challenges order dated 17.01.2014 passed by the Deputy Regional Transport Officer, Nagpur City whereby the permit of petitioner in respect of Vehicle No. MH 32-Q-3284 has been suspended for a period of one month from 18.01.2014 to 17.02.2014. It appears that the impugned order is passed under Section 86 of the Motor Vehicles Act, 1988 (hereinafter referred to as "the Act" for short).

(2.) It is contended by the learned Counsel for petitioner that there was a show cause notice issued to petitioner on 15.01.2014, by which the petitioner was called upon to show cause within a period of seven days, as to why action should not be taken under Section 86 of the Act. This was purportedly on the allegations that there was breach of conditions of permit in as much as the vehicle was overloaded. It is submitted that the impugned order came to be passed within two days thereafter i.e. 17.01.2014, in which it is observed that the petitioner has failed to remain present and to file reply to the show cause notice. It is contended that there was no sufficient opportunity of hearing given, in as much as although the show cause notice required the reply to be given within 7 days, the impugned order was passed within two days of issuance of notice. It is therefore, urged that the impugned order is passed in breach of principles of natural justice and it may be quashed and set aside.

(3.) Learned A.P.P. appearing on behalf of the respondent State supports the impugned order. It is submitted that the show cause notice was received by the petitioner and the impugned order is passed thereafter. The learned A.P.P. has also submitted that the appellant has an efficacious alternate remedy in the matter by way of an appeal before the State Transport Appellate Tribunal.