DWARIKA PRASAD RAJAK Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application is directed against an order dated 4-8-1992 (Annexure-l) passed by the respondent No. 1 Transport Appeal No. 38 of 1989, as also the minutes of the meeting dated 14-9-1989 of the respondent No. 2 as contained in Annexure-2 to the writ application.

(2.) The facts of the matter lie in a very narrow compass.

(3.) The petitioner was granted permit for Bokaro Korba route by the respondent No. 2 in its meeting dated 21-7-1989 in respect of a bus bearing No. B. I. N. 965. A complaint was made by the respondent No. 5 to the effect that the petitioner has obtained the said permit by committing fraud. The chairman of the respondent No. 2 thereafter directed the State Transport Commission to inquire into the matter whereupon one Shri Bhola Singh was deputed by the State Transport Commissioner, According to the petitioner no fraud bad been committed by him in relation to the aforementioned vehicle. According to the petitioner/respondent No. 2, however, without awaiting the inquiry report, in its meeting dated 14-9-1989 review its earlier order and directed cancellation of the permit granted in favour of the petitioner and granted the same in favour of respondent No. 3. The petitioner preferred an appeal against the said order before respondent No. 1 being Transport Appeal No. 38 of 1989. An appeal was also preferred by respondent No. 6 against the said order which was registered as Transport Appeal No, 43 of 1989 and 44 of 1989, The said appeals were heard together and by a common judgment dated 4-8-1992, the said appeals have been dismissed.