Rishi Pal vs Chander Bhan & Another
2009 Latest Caselaw 5304 Del

16
*      IN THE HIGH COURT OF DELHI AT NEW DELHI
+      W.P.(C) 3751/2008

       RISHI PAL                 ..... Petitioner
                              Through         Mr. K.C. Maini, Advocate.

                     versus

       CHANDER BHAN & ANR                 .... Respondent
                       Through               Mr. Amiet Andlay, Advocate.

       CORAM:
       HON'BLE MR. JUSTICE SANJIV KHANNA
           ORDER

% 18.12.2009

The petitioner, Mr. Rishi Pal Singh had file an appeal under Section 19 of

the Motor Vehicles Act, 1988, against the order dated 31st January, 2008, passed

by the licensing authority cancelling his driving license.

2. The allegation made by the petitioner is that the appeal was taken up for

hearing on 30th October, 2007 and then posted for 8th November, 2007, 22nd

November, 2007 and thereafter the petitioner was asked to appear on 29 th

November, 2007, 7th December, 2007, 18th December, 2007 and 27th December,

2007. It is a contention of the petitioner that on the said dates, no hearing was

held and even the Presiding Officer was not present and dates were given by the

dealing Assistant.

3. As per the counter affidavit filed by the respondents, the petitioner had

appeared on 30th October, 2007, 8th November, 2007 and 22nd November, 2007.

On the last date i.e. 22nd November, 2007, the matter was heard and kept for

WPC No.3751/2008 Page 1 orders and thereafter orders were pronounced on 30th January, 2008.

4. The original file has been produced before me, which shows that the

petitioner had signed the order sheets. The order sheet does not reveal that the

counsel for the petitioner was present at the time of the any of the said hearings.

5. It is noticed that the impugned order was passed on 30th January, 2008

and the hearing had taken place on 22nd November, 2007. It is noticed that the

petitioner had also filed power of attorney of his lawyer to appear and represent

him before the appellate authority. The impugned order records that the

petitioner had filed written submissions before the Appellate Authority. The said

written submissions are not on record of the appellate authority file. The driving

license of the petitioner has been cancelled permanently on account of an

accident, in which a two-wheeler driver had lost his life. The contention of the

counsel for the petitioner was/is that the two-wheeler driver was under the

influence of alcohol and being in drunken condition, had come underneath of the

back wheel of the truck being driven by the petitioner.

6. With a view to provide one opportunity to the petitioner, the matter is

remanded back to the appellate authority i.e. the Joint Commissioner

(Operations) to examine the question whether as per the post mortem report of

the deceased, the said person was under influence of the alcohol at the time of

accident. After examining the post mortem report and hearing the petitioner, the

appellate authority will pass a fresh order without being influenced by the earlier

order dated 31st January, 2008. The petitioner or his authorized representative WPC No.3751/2008 Page 2 will appear before the appellate authority on 18th January, 2010 at 11 A.M. The

petitioner will produce the true copy of the post mortem report of the deceased

in support of his contention. It is made clear that no further opportunity will be

granted.

The writ petition is accordingly disposed of.

SANJIV KHANNA, J.

      DECEMBER 18, 2009
      NA




WPC No.3751/2008                                                            Page 3