LACHHMAN SINGH Vs. STATE OF PUNJAB AND ANR.

JUDGEMENT

(1.) THE Petitioner carries on the business of passenger transport and is holder of a contract carriage permit which was issued to him by the Regional Transport Authority, Jullundur. On 3rd of August, 1967, the Regional Transport Authority suspended the Petitioner's permit for a period of six months on the ground that the Petitioner was detected carrying ten passengers against six as authorised by the Motor Mobile Patrol Sub -Inspector, Amritsar, on 15th of September, 1966. A show -cause notice was issued to the permit -holder, to which he made no response. It was pointed out that there were already seven convictions against the Petitioner and two cases of overloading were pending in the court. The Regional Transport Authority felt that the Petitioner was habitual offender and overloading in his vehicle resulted in extreme inconvenience to the travelling public. As he had contravened the provisions of Section 60 of the Motor Vehicles Act, the Regional Transport Authority suspended his permit. No. 197/MCR/64, covered by vehicle No. PNQ 1501, for a period of six months. This order of the Regional Transport Authority is dated 3rd of August, 1967.

(2.) THE Petitioner's contention is, that he had been discriminated against. The Regional Transport Authority has fixed a scale of composition -fee payable by the permit -holders for overloading tempos and other Vehicles. A copy of the scale -sheet has been attached as annexure 'A'. It was said that the Regional Transport Authority had been compounding such offences, but in his case the alleged offence was not compounded, although the Petitioner offered to pay the composition -fee. This order of the Regional Transport Authority (annexure 'B') is sought to be quashed.

(3.) IT is an enabling provision empowering the Transport Authority to recover from the holder of the permit a sum of money instead of cancelling or suspending the permit. The Petitioner's case is that he has been discriminated against in so far as the Regional Transport Authority has prepared a scale of composition -fee payable by the permit -holders for overloading in tempos, vide annexure 'A'. The scale is as under: