DURGA SURYANARAYANA Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) These petitions for the issue of Writs in the nature of certiorari quashing the orders cancelling or suspending the permits raise inter alia a common question of law as to competence of the Regional Transport Authority to make valid orders in meetings unattended by non-official member included in its constitution. The facts of each petition are few and may be conveniently stated at the very outset.

(2.) The petitioner in W.P. No. 268 of 1965 is a transport operator holding a permit of a public carrier A. P.I. 317 in Nizamabad District. His permit was suspended by the Regional Transport Authority, Nizambad in his proceedings dated 19th September, 1964, on the ground that the trip-sheet (G.V.R.) was not found duly maintained, when checked on 15th February, 1964 by the Regional Transport Officer Nizamabad. This order was made in a meeting in which official members alone took part. The petitioner took the matter in appeal. He objected also to the fact that he was not given due notice for the date when the order was made. He further pleaded that the punishment awarded in any event was out of all proportion to the offence committed. These pleas did not find favour with the appellate authority. The petitioner has therefore come up to this Court.

(3.) Similarly the petitioner in Writ Petition No. 1211 of 1965 one P. Velaskumar, is a permit holder of the Public carrier. The Regional Transport Authority, Hyderabad, in his proceedings dated 5th June, 1965, suspended his permit for a period of six months on the ground of over-load by 3 tons. The petitioner pleaded before the appellate authority that the order of the Regional Transport Authority was invalid as the only non-official member included in that authority was absent from the meeting. Alternatively it was Urged that the overload was not as high as was reported to be and that at any rate punishment was excessive. The Transport Commissioner repelled the first contention and reduced the term of suspension to 1 months, having regard to the over-load which was proved to be less.