ARUN KUMAR MUKHERJEE Vs. STATE OF BIHAR

JUDGEMENT

(1.) IT is stated by counsel appearing for the Electricity Board that electric poles are removed by it on the direction of the District Magistrate. The Advocate General is directed to inform the District Magistrate, Patna, to intimate to the Chief Engineer, Bihar State Electricity Board and the General Manager, Patna Telephones, to immediately remove the telephone equipments, electric poles etc. if located on any part of the roads which are being broadened. The District Magistrate shall communicate her instructions to these authorities in writing within one week. The District Magistrate will see to it that where -ever the road has been broadened, or is being broadened, the existence of such equipments, pole or poles etc. do not hamper the free flow of traffic. With this in view, whereever such obstructions exist, the telephone and the electricity authorities should be directed to remove them forthwith, and not later than two weeks from the date as which the order of the District Magistrate is received by them. We further direct the General Manager, Patna Telephones, and the Chief Engineer, Patna Electric Supply Undertaking to file the affidavit which they were directed to file by order dated 9.2.96. Such affidavit should be filed within a fortnight from today.

(2.) DESPITE very clear orders of this court, neither the police authorities nor the District Transport Authorities have been able to deal effectively with the problem of over loading by autorickshaws and sharing of the driver's seat by other passengers. We are sorry to notice that after the initial excitement, the officers have again developed an apathy and an indifferent attitude towards the orders of this court. The manner in which the authorities have acted, may justify action against them under the Contempt of Courts Act for disregarding the orders of this Court. Before taking any such action we give them one further opportunity to take necessary action as required under the orders of this court. The District Transport Officer is present and he pleads that on account of non -availability of sufficient number of staff he is not able to enforce the law and to book the law breakers. He submits that the enforcing agency under the Department of Transport should also cooperate in the matter. We direct that the District Transport Officer with the help of the enforcement agency of the Transport Department will launch a vigorous drive for a week beginning 15.7.96 to see to it that not a single autorickshaw carries more passengers than what it is authorised to carry. All Police Constables on duty, whereever they are, will see to it that no auto rickshaw carries more than the number of passengers permitted by law. If any autorickshaw driver is found sharing his seat with any other passenger, the autorickshaw shall be seized immediately and' a prosecution be launched against the offender. The Superintendent of Police, Traffic, is present in court and he is directed to instruct all Constables on duty whereever they are to enforce this order rigorously. If we find that within a week the situation is not brought under control we shall direct the District Magistrate to set up mobile courts all over the city, and persons found disregarding the orders of this Court and the law shall be immediately prosecuted and in addition the District Transport authority may initiate proceeding to cancel the registration of the vehicles forthwith. We hope we do not have to resort to this extreme measure, but that can be avoided only if between 15th and 21st July 1996 the police authorities and the District Transport Authorities are able to bring the situation under control. No request by the autorickshaw unions for hike in fares on the ground that they are not allowed to carry passengers more than the number permissible under the law, shall be entertained because on this ground alone the passengers have been penalised in the past by enhancement of fares, though the autorickshaw drivers never thereafter obeyed the orders of this court against carriage of passengers in excess of the permissible limit.

(3.) DESPITE the fact that the roads have been divided into lanes, and at most of the crossings stop lines have been marked, the rule with regard to stoppage of traffic at the stop line is not being enforced. It is a common sight to see larger number of Police Constables posted at the crossings busy chatting with each other rather than taking their positions at the appropriate places to regulate the traffic. The Traffic Constables may be warned by the Superintendent of Police, Traffic, that in case they are found guilty of casual approach, or dereliction of duty, and it is found that no effort is made by them to regulate the traffic at the points where they are posted, they shall be suspended forthwith and disciplinary action may be initiated against them. All Traffic Constables and Police Officers are hereby directed to wear their name badge with number, and any police constable or officer on duty who refuses or fails to wear his name badgs will be proceeded against in accordance with law. This is absolutely necessary to identify the Police Constables and Officers who are guilty of dereliction of duty.