K VIDYANAND Vs. ADDL LICENSING AUTHORITY

JUDGEMENT

(1.) QUESTIONING the impugned memo dated 18.12.2007, issued by the 1st respondent-Additional Licensing Authority, suspending the driving licence of the petitioner, for a period of six months, in exercise of power under Section 21 of the Motor Vehicles Act, 1988 (for short the Act'), on the ground that the petitioner was involved in an accident, the petitioner filed the present writ petition.

(2.) AT the request of the learned Government Pleader for Transport, the matter adjourned on several occasions for filing counter affidavit, but no counter affidavit is filed. However, when the matter is taken up today, the learned Government Pleader for Transport produced a copy of memo dated 6/6/2008, issued by the Transport Commissioner, Hyderabad, on the basis of the order dated 28/2/2008 passed by this Court in W.P. No. 3730 of 2008, wherein it was held that the licencing authority under Section 19(1)(c) of the Motor Vehicles Act, 1988 is competent to disqualify a person for holding a driving licence for a specified period or even to revoke the licence after issuing show cause notice and reasonable opportunity of being heard to the holders of driving licence, and accordingly requested all the licensing authorities to issue show cause notice and give reasonable opportunity of being heard to the holders of driving licence before taking action against their driving licence.

(3.) TO appreciate this question, it is appropriate to refer to the provisions of Section 21 and 22 of the Act, which deal with the suspension and cancellation of driving licence in certain cases and on conviction. Section 21 of the Act, which deals with suspension of driving licence in certain cases, reads thus: 21. Suspension of driving licence in certain cases: