VINAY SHANKAR TIWARI Vs. STATE OF BIHAR

JUDGEMENT

(1.) The Petitioner is aggrieved by order, dated 2.5.2008 contained in Annexure-11 issued by the Joint Transport Commissioner, Bihar, Patna, albeit with the con-sent of the Secretary of the Department.

(2.) The Petitioner was working as a Motor Vehicle Inspector. The allegation against the Petitioner is that he had not inspected the three vehicles mentioned in the allegation petition, rather, he had is-sued the fitness certificate without following the law.

(3.) An enquiry was held. The report is contained in Annexure-8 which indicates that after going through the records of the department, the enquiry officer came to the conclusion that the Petitioner had in fact physically examined the trucks (vehicles in question) before issuing the fitness certificate. It is also mentioned that the certificate was granted in the year 2002. The check list was not handed over to the licensee/owner of the vehicles as that was not envisaged till 10.1.2003, when the department issued a circular making it mandatory to supply a check list to the owner or licensee of the vehicle in question. The enquiry report was submitted to the Secretary of the Department: