DILRAJ SINGH Vs. MINISTER OF TRANSPORT

JUDGEMENT

(1.) This is an application under Articles 226 and 227 of the Constitution for quashing two orders, namely, one passed by the Chairman of the State Transport Appeal Board, Bihar, dated the 27th September, 1965, and the other passed by the Minister in-charge of the Transport Department of the Government of Bihar under Section 64-A of the Motor Vehicles (Bihar Amendment) Act, 1949 (hereinafter referred to as 'the Bihar Amendment Act), dated the 8th March, 1968. The State Transport Appeal Board, Bihar (Respondent No. 2) and the Minister of Transport, Bihar (respondent No. 1) by the above orders rejected the application of the petitioner challenging the order of revocation passed by the South Bihar Regional Transport Authority (to be referred to hereinafter as "S.B.R.T.A.' for the sake of brevity).

(2.) The petitioner and some other persons applied to the S.B.R.T.A. for grant of a stage carriage permit on the route Bhabhua to Buxar via Chausa, covering a distance of 50 miles. The S.B.R.T.A. by its resolution No. 7 dated the 13th February, 1965, decided to grant the permit to the petitioner subject to production of all valid documents of 1965 model bus within one and a half months from the date of the order, that is, upto the 30th March, 1965, failing which the sanction of permit in his favour would stand automatically revoked, and the permit was to be given to title next deserving candidate, Shri Nand Kishore Prasad (respondent No. 4), on production of all valid documents of 1965 model bus along with clearance certificate of transport tax within one week and of 1965 model bus within one month from the date of revocation of sanction.

(3.) On the 30th March, 1965, the petitioner filed an application before the Chairman, S.B.R.T.A., stating therein that he was granted a permanent stage carriage permit for the route Bhabhua-Buxar on the 13th February, 1965, and the order h,id been communicated to him on the 16th February, 1965. In substantial compliance of the aforesaid order, the petitioner filed (a) Registration certificate of 1965 model bus being R.J.P. 998, (b) tax token, (c) insurance certificate and (d) Challan showing deposit of Rs. 90/- only. In paragraph 3 of the said application, it was stated that the petitioner had already deposited fitness certificate fees and the formal fitness certificate was to be granted within a fortnight by the authority concerned. Therefore, it was prayed that permit may be issued and the petitioner may be permitted to file fitness certificate within a fortnight. It appears that the sanction of the permit was revoked because of the petitioner's failure to comply with the imperative terms of the resolution. Against the order of revocation, tie petitioner preferred an appeal before the State Transport Appeal Board, respondent No. 2, and the said authority dismissed the appeal of the petitioner holding chat in absence of certificate of fitness in view of Section 38 (1) of the Motor Vehicles Act (hereinafter referred to as 'the Act') on the relevant date the petitioner could not have put the vehicle on the road without any let or hindrance, and there was non-compliance of the imperative order passed by the S.B.R.T.A., because the petitioner failed to produce another valid document, namely, tax token. The petitioner, being aggrieved by the above order of the appellate authority, filed a revisional application before the Transport Minister under Section 64-A of the Bihar Amendment Act which was rejected. In paragraph 13 of the petition, it is stated that the petitioner had no notice of the hearing of his revision application by the Minister of Transport and, as such, he or any one on his behalf was not present at the said hearing. The petitioner heard from other people that his application had been dismissed.