GAJADHAR SINGH KUSHWAH Vs. STATE TRANSPORT APPELLATE AUTHORITY

JUDGEMENT

(1.) THIS petition under Articles 226 and 227 of the Constitution is directed against the following two orders: -

(2.) THE facts giving rise to this petition may be briefly stated. The respondent 3 was an existing operator on the route and he was operating thereon on the following "Provisional" timings given to him on 14 April 1960 :

(3.) THE two impugned orders further suffer from an error which is apparent on the face of the record in that they proceed on the assumption that an existing operator is entitled to earlier timings because he would otherwise suffer loss. In considering applications for a permit and attaching conditions to the permit granted, the main consideration is the public interest. Timings should be given to facilitate travellers and not for favouring one operator at the expense of another. If the second service is likely to be unremunerative, a fresh permit need not have been granted at all. Since the question of timings was considered only from the point of view of individual operators and the interest of the public were not duly taken into account, the two impugned orders cannot be sustained.