BHAGWAN SHARMA Vs. PRESCRIBED AUTHORITY TRANSPORT COMMISSIONER GWALIOR

JUDGEMENT

(1.) THIS is a petition under Arts. 226 and 227 of the Constitution.

(2.) THE petitioner is a bus operator. His bus No. MPH 7091 was duly registered and he had paid road tax upto 31-12-1971 as required by the M. P. Motor Vehicles taxation Act, 1947 vide Annexure A. On 16-9-1971, the petitioner was served with a notice by the Registering Authority (Regional Transport Officer, Gwalior) --nonpetitioner no. 2, calling upon him to show cause why action under Section 33 of motor Vehicles Act, 1939 (hereinafter referred to as the Act) should not be taken against him for the following offences:--

(3.) THE main contention of the learned counsel for the petitioner is that he was not given due opportunity of being heard in the matter and that there was a violation of the principles of natural justice. There can be no doubt that the functions of the registering Authority as well as of the Appellate Authority are quasi-judicial in nature and as such they are required to have a judicial approach and follow, the rules of natural justice in discharging that function. The essential element of judicial approach and the most important rule of natural justice is that due opportunity should be given to the party who is affected by the order to make a representation and to be heard before the order is made.