BIJOY KUMAR PANI Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE notification dated 30th of May, 1989, issued by the Government of Orissa in the Commerce and Transport Department in exercise of the powers conferred under Sub -section (1) of Section 43 A of the M.V. Act, 1939, has been assailed in this writ application, inter alia on the ground that the State Govt. has no jurisdiction under Section 43A to encroach upon the quasi judicial power of the permit -granting authority. The petitioner's case briefly stated, is that no doubt Section 43 A confers power on the State Govt. to issue such directions of a general nature as it may consider necessary in the public interest in respect of a matter relating to road transport of the State, but in exercise of such power, the quasi judicial function of the authorities under the M. V. Act cannot be infringed in any manner. In words, it is the case of the petitioner that the Govt. cannot issue any instruction in the purported exercise of power under Section 43 A to control the discretionary jurisdiction of any statutory authority under the Act and since by the impugned notification the State Govt. has encroached upon the discretionary jurisdiction of the permit -granting authority conferred under the said authority under the statute, the said notification must be struck down.

(2.) IN the counter affidavit on behalf of the opposite parties, there haseen a denial to the aforesaid allegation made in the writ application.

(3.) IT is necessary to extract the saving provision contained in Section 217 of the Motor Vehicle Act, 1988: