PARAMJIT SINGH Vs. STATE TRANSPORT APPELLATE TRIBUNAL

JUDGEMENT

(1.) PETITIONER Paramjit Singh has filed this petition under Articles 226/227 of the Constitution of India for quashing the order dated 17.01.2007, passed by the State Transport Appellate Tribunal, Punjab, Chandigarh, (hereinafter referred to as 'the Appellate Tribunal') whereby the revision filed by respondents No. 3 and 4 has been allowed and the order dated 22.11.2005, passed by the State Tranport Commissioner, Punjab, exercising the powers of Regional Transport Authority, Patiala, (hereinafter referred to as 'the RTA') has been set aside, having been passed without jurisdiction.

(2.) IN the present case, the petitioner was holding one mini bus permit No. 743/MB/R/99 with four return trips daily on Jorepul to Khanna via Jarg route, which was to remain valid upto 14.12.2004. The aforesaid permit was covered by mini Bus No. PB-10Y-9097. The petitioner sold the said mini bus in the year 2003 and furnished an affidavit before the Authority that he would put another mini bus against the said permit within a period of one month, so as to operate on the route, but as per the undertaking given by the petitioner, he failed to purchase another mini bus within the said period. He was served a show cause notice on 15.12.2003 by the Secretary, RTA, to explain as to why his permit should not be cancelled for having failed to operate the mini bus permit No. 743/MB/R/99 with effect from 28.05.2003. Subsequently, vide order dated 07.02.2005, the mini bus permit was cancelled by the RTA and the petitioner was duly intimated.

(3.) AFTER the remand, the RTA vide its order dated 22.11.2005 allowed the claim of the petitioner and the mini bus permit held by him was restored on payment of the compounding fee to the tune of Rs. 10,000/-, for not having put another mini bus against the permit in replacement of the old mini bus.