RATANLAL Vs. CHAIRMAN REGIONAL TRANSPORT AUTHORITY BIKANER REGION

JUDGEMENT

(1.) BY this writ petition the validity of a resolution of the State Transport Authority, jaipur (Annexure-8) is questioned. I may read that resolution:

(2.) SUB-SECTION (3) of Section 44 makes it incumbent on the State Transport authority to give effect to any directions issued under Section 43 of the Act. It is only subject to such directions and save as otherwise provided that the State transport Authority has to exercise its powers and functions laid down in Clauses (a) to (d) of that sub-section. Generally, the State Transport Authority has to act as a coordinating authority to regulate the activities and policies of the Regional authorities. Clause (b) enables the State Transport Authority to perform certain functions of the Regional Authorities under the stated conditions. In my view, this sub-section (b) could be broken as follows:--

(3.) THE second part can be further subdivided as follows:- (a) If the State Transport Authority thinks fit it can perform those duties (by which is comprehended the duties of the Regional Transport authority) in respect of any route common to two or more regions; and (b) the State Transport Authority shall, if so required by the Regional authority to perform those duties in respect of any route common to two or more regions,