BAHADUR SINGH BHOHGAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS petition filed tinder Article 226 of the Constitution challenges order dated 31-8-2006 (P-1) passed by the District Transport Officer, Patiala cancelling the Driving Training School licence granted to the petitioner. Earlier to the passing of the order, the District transport Officer, Patiala Issued a show cause notice to the petitioner on 4-8-2006 and thereafter, opportunity of personal hearing was granted to the petitioner on 12-8-2006 and 18-8-2006. On an appeal filed by the petitioner, the appellate authority i. e. State transport Commissioner, Punjab-respondent No. 2 approved the order passed by the district Transport Officer-respondent No. 3 and dismissed the appeal. It would be appropriate to make a reference to the concluding para of the order passed by the district Transport Officer on 31-8-2006 which reads as under :-

(2.) WE have heard the learned counsel at considerable length and regret our inability to accept the argument advanced by him.

(3.) IT is conceded position that after issuing a show cause notice and personal hearing, the District Transport Officer has recorded a categorical finding that the petitioner is involved in issuance of fake driving licence to four persons, namely, Mukhtiar singh, Darshan Singh, Rajinderpal Singh and Sant Singh. It has further been found that such an act on the part of the petitioner is against the terms and conditions on the basis of which the petitioner was issued driving school licence. One of the conditions in the licence was that the petitioner would comply with all the conditions contemplated by Rule 27 of the Central Motor Vehicles rules, 1989. According to sub-rule (k) of rule 27, petitioner was not to act in a manner calculated which may mislead any person making an application for procuring a licence for such person other than in accordance with these rules or to connive with any person in acts of commission or omission with a view to circumvent the provision of chapter and the rules. A copy of the licence issued to the petitioner's school is taken on record as marked 'a'. Rule 27 (k)reads as under :-