SK EMAMUL RAHAMAN Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THE petitioner in this writ petition dated November 3rd, 2006 is questioning the decision of the Chairman, Regional Transport Authority, "burdwan cancelling his permanent stage carriage permit in terms of provisions of Section 86 (1) (d) of the Motor Vehicles Act, 1988.

(2.) MR. Roy, counsel for the petitioner, submits that the chairman of the Regional Transport Authority had no jurisdiction to cancel the permit, because the authority competent to cancel the permit is the transport authority; that the decision to cancel the permit, not communicated to the petitioner, was taken without giving the petitioner any opportunity of hearing.

(3.) THE respondents have filed an opposition. They have not said that the decision to cancel was taken by the transport authority ; that the decision was communicated to the petitioner ; that the decision was given after giving the petitioner a reasonable opportunity of hearing. What they have said is that before giving the decision, in terms of a decision of the rta, the Secretary thereof issued a show cause notice and the petitioner's reply thereto was considered by the Chairman.