MANMOHAN BEDI Vs. STATE TRANSPORT AUTHORITY

JUDGEMENT

(1.) THE appellants who are transporters have filed these two appeals, which are directed against the judgment dated 18th September, 2007 passed by a learned Single Judge of this Court.

(2.) THE writ petitions before the learned Single Judge were filed by the State Transport Authority and were directed against the order dated 26.10.2006 passed by the learned State Transport Appellate Tribunal. All the writ petitions were allowed. It appears that other than the present two appellants none of the transporters have challenged the main judgment.

(3.) THE appellants replied to the notice and alongwith the notice sent certain documents. However, the appellants also informed the authority that the passenger lists were made but since the RTA office never asked for the same the record of the same has not been kept. Log books were never maintained since the department had not issued log books to the transporters and that the some of the transporters were maintaining Form PGT - 20, receipt and counterfoils. Thereafter, another show cause notice was issued to the transporters on 10th November, 2003 in which it was clearly stated that the appellants had failed to furnish any statement and on examination of the documents submitted by the appellants no log book was produced. The name and addresses of the hirers as required under R.85(10) were not furnished and therefore, the genuineness of the receipts could not be verified. Thereafter, another show cause notice was issued to the appellants stating therein as to why action under S.80 be not taken to cancel their permits. In this notice it was clearly mentioned that the appellants had violated R.85(10) and (11) of the Central Motor Vehicles Rules, 1989. Thereafter, the State Transport Authority after considering the case of the appellants and taking into account the difficulty being faced by the appellants devised a method of compounding the offence(s) at a fixed amount of Rs.50,000/- per vehicle. This amount was arrived at by making an average assessment of Rs.97,000/- per vehicle, if it had been plied as a stage carriage. The transporters did not deposit this amount and consequently their permits were cancelled vide letter(s) dated 20.12.2003. The appellants alongwith other transporters filed appeals before the Appellate Authority, who remanded the matter back to the respondents. It would be pertinent to mention that the State Transport Tribunal decided about 35 appeals by the same judgement. It did not discuss the facts of each case separately but formulated the following common points: - Point No.1: Whether the impugned order dated 18.11.2003 passed by the respondent authority and conveyed vide letter dated 27/28.11.2003 for deposit of a sum of Rs.50,000/- is legal and sustainable? Point No.II: Whether the "contract carriage" permits could have been cancelled pursuant to the order impugned? Point No.III: Final Order. and gave its finding as follows: -