BABU LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) ON the request of the learned counsel for the parties, the special appeal is taken up for final disposal.

(2.) THIS special appeal is directed against the judgment of the learned Single Judge dated 19. 05. 2000 dismissing the writ petition with the observation that if the writ petition approaches the State Transport Appellate Authority (hereinafter referred to as STAT) for the review of the order dated 29. 03. 2000 (Annexure-4), the same shall be considered and disposed of in accordance with law.

(3.) THE learned counsel has read before us the order of the STAT dated 29. 03. 2000-Annexure-4. THE learned STAT has made some observations saying that the resolution of the R. T. A. , Chittorgarh dated 1. 12. 99 is a out come of a "conspiracy". Our attention has been invited particularly to the observations at internal Page 5 of the order. THE observations have been made in absence of the existing operators and the R. T. A. We, disapprove such sort of loose observations in a judicial order. It is unfair to use the judicial proceedings to proclaim oneself the only crusader at the cost of making insuinating loose observations against a person or authority at his back. In the instant case there was no reason for the learned S. T. A. T. to impute motives to public authorities. Civil servants also plays an important role in the administration of justice. THEre is unfortunate habit of substituting our own predilection for law. We can do no better than to remind ourselves the advise of Apex Court in Shabi Construction Company vs. City & Industrial Development Corporation & Anr. (3): "judges must act with sobriety, moderation and restrain and must have the humility to recognize that they are not infalliable. " It would be just and appropriate that the STAT rehears the appeal afresh after giving opportunity of hearing to the parties affected.