D SANKAR NAIDU Vs. GOVERNMENT OF A P

JUDGEMENT

(1.) This writ petition is filed seeking a declaration that the order of the 1st respondent-Government of Andhra Pradesh, in G.O. Ms. No.95 Transport Roads and Building (TR.I) Department, dated 11.5.2005, as illegal and arbitrary, and consequently, to restore the State Transport Authority (for short the "STA"), constituted under G.O. Ms. No.21, TR&B (Tr.II) Department dated 13.11.2003.

(2.) The writ petitioner was appointed as a non-official member of the STA, constituted under G.O. Ms. No.201 dated 13.11.2003, for a period of three years with effect from 13.11.2003. It is not in dispute that the said order was passed in exercise of the power conferred under Section 68(1) of the Motor Vehicles Act, 1988, read with Rule 131 of the A.P. Motor Vehicle Rules, 1989 (for short "the Rules"). As per the said order, the term of the STA would expire on 12.11.2006. However, the 1st respondent-Government, issued the impugned G.O. Ms. No.95, dated 11.5.2005 reconstituting a fresh STA for a period of two years, under which the respondents 2 to 6 herein, were appointed as Chairman and Members. The said order dated 11.5.2005 is under challenge in this writ petition, contending inter alia, that the 1st respondent is not justified in reconstituting the STA, even before the expiry of the period fixed under G.O. Ms. No.201, dated 13.11.2003. It is contended that the entire action of the 1st respondent is arbitrary, illegal and contrary to the statutory provisions.

(3.) The 1st respondent filed a counter-affidavit stating that the period of appointment shown as three years under G.O. Ms. No.201 dated 13.11.2003, is beyond the period of two years specified under Rule 131 of the Rules. Hence, the STA which was illegally constituted cannot be continued, and, therefore, in exercise of the power conferred under Rule 131(2) for removal of any Member of the STA, the impugned order has been passed reconstituting the STA, to set right certain mistakes crept in while constituting the earlier STA under G.O. Ms. No.201, dated 13.11.2003.