MOHD HAFEEZ KHAN Vs. STATE TRANSPORT APPELLATE TRIBUNAL

JUDGEMENT

(1.) BY this petition under Articles 226 and 227 of the Constitution of India the petitioner seeks to challenge the order, dated 30 8-1977 (Annexure-E), passed by the State Transport Appellate Tribunal.

(2.) ONE of the questions that arose in the petition was whether the adverse operational record of a partnership firm could be considered against the partner or the partners of that firm when he or they apply for grant of a permit. In view of the decision in Sardar Dharam Singh v. Regional Transport Authority, gwalior (Miscellaneous Petition No. 436 of 1963, decided on 3-3-1964.), the Division Bench felt that the point deserved to be considered by a larger Bench. Accordingly, that question was heard by a larger Bench and the opinion given by that Bench is that "the bad operational record of a partnership firm is a relevant fact when any of the partner or partners of that firm applies for a grant of permit. The weight, however, to be attached to that bad record would be a question of fact depending upon the circumstances of each case. The decision in Sardar Dharam Singh's Case, in our opinion, does not lay down the correct law on the point.

(3.) MOTOR Transport Worker, Ambikapur, held a permit on route ambikapur-Nandamali via Darima. The Regional Transport Authority, vide its order, dated 6-2-1976, cancelled it on account of non-operation. In pursuance of a Notification, published in the Madhya Pradesh Rajpatra, dated 9-4-1976, declaring scope for grant of a stage carriage permit on the aforesaid route, the petitioner, respondent No. 3 Harbans Singh and the earlier permit-holder, Motor Transport Worker, applied for the grant. These applications were published in the Madhya Pradesh Rajpatra, dated 6-7-1976 inviting objections. After hearing all the parties, the Regional Transport Authority granted the permit to the petitioner for a period of three years on the condition that he shall ply on the route a vehicle of the model of 1972 or of a later year to be put on the route within one year.